Terms of use - AC Motorsport
Article 1: Scope
Article 2: Definition and coordinates
Article 3: Language
Article 4: Contact and Taking Control
Article 5: Purchase Price and Shipping
Article 6: Description and availability
Article 7: Delivery
Article 8: Liability
Article 9: Right of withdrawal and Return Policy - Refund Policy
Article 10: Legal guarantee
Article 11: Payment - Penalty clause
Article 12: Secure Payment
Article 13: Protection of privacy in regard to the processing of personal data
Article 14: Settlement of Disputes - Applicable law – Jurisdiction
Article 15: Nullity and completeness
Article 16: Proof
Article 17: Use of computer data
Article 1: Scope
General Conditions of sale detailed below govern the contractual relationship between any user of the site and the company AC Motorsport. These conditions of sale are the only ones applicable and replace all other conditions, unless prior written consent. AC Motorsport can be occasionally obliged to modify certain of its general conditions, so it is necessary that they be reread before each site visit AC Motorsport. These amendments are binding after they are posted and may not apply to contracts concluded earlier. Each purchase on the site is governed by the terms and conditions applicable to the date of order. Consequently, the placing of an order implies full and unconditional acceptance of the buyer to the general conditions of sale.
Article 2: Definition and coordinates
The seller is the company AC MOTORSPORT SPRL-S-established Rue Moray 14 - 4218 Couthuin, VAT number BE 0829.740.473, whose administrative headquarters is Rue Moray 14 – 4218 Couthuin, Phone: +32(0)479 94 74 32, Fax: 085/41.23.33 , e-mail: info@acmotorsport.be . The non-professional buyer or consumer is defined as any natural or legal person who acquires or uses for non-professional products or services presented by AC MOTORSPORT SPRL-S.
Article 3: Language
Conditions governing the language, all stages of a command and any contacts and problem solving and / or litigation are French. Any translations into another language than French data are for illustrative purposes only.
Article 4: Contact and Taking Control
4.1. You can place your order:
- By phone: +32 479 94 74 32
- By email at the address info@acmotorsport.be
- By fax during office hours from 10:00 am to 6:00 p.m. at +32.85.41.23.33
- By mail with a print of your order and your payment to:
AC Motorsport Sprl-S
14 Rue Moray
B-4218 Couthuin
- Visit our website www.acmotorsport.be available 24/24h and 7/7d
To perform a command via the internet, the purchaser must identify themselves by creating a username and password and filling out the information necessary to identify and include your full name, email, phone and address. Seller shall not be liable for the consequences of misreporting. After adding the selected items to cart, the buyer is prompted to select the delivery address. To finish the ordering process, the buyer must accept these terms and conditions before committing to pay the full amount due or the Purchase Price, plusexpenses and minus any vouchers .
4.2. The Seller shall confirm each command by sending an email to the buyer within 24 hours of the Order of the address specified by the purchaser at their affiliate (hereinafter "Order Confirmation"). The Order Confirmation will include, inter alia, the date of the order, the Product ordered, the Purchase Price, plus costs, and address and delivery details. The data recorded by the Seller and the Order Confirmation constitute evidence of the contractual relations between the Parties.
4.3. Seller reserves the right to refuse or cancel any order or delivery in case of (i) ongoing dispute with the buyer, (ii) non-payment or part payment of a previous order or (iii) refusal to authorize payment by credit card banking organizations. In this case, the Seller's liability could not, under any circumstances, be initiated.
4.4. After making an Order, Buyer may, at any time, as the preparation for delivery of the package (s) Product (s) command (s) has not started, cancel the command by accessing the menu "My orders ", and clicking" Cancel ". The Order will be canceled immediately, and either the payment request will be canceled if payment has not been done or the buyer will be refunded the full purchase price and expenses recorded if payment has already was carried out. After delivery of (the) Product (s), the buyer can no longer cancel the Order, but may use its right of withdrawal, the conditions described in Article 9 of these Terms.
Article 5: Purchase Price and Shipping
5.1. Purchase Price of the Product
The price of each product is displayed on the Site (hereinafter the "Purchase Price") in Euro and including VAT. This price is valid in Belgium and Europe, and does not include delivery charges, also borne by the purchaser, or the deduction of any discount or gift certificate granted to the buyer personally. Seller reserves the right to change prices at any time, but the products will be charged based on the Purchase Price in effect at the time of confirming the order, and subject to availability.
5.2. Shipping
At the checkout, the Buyers agree to pay, in addition to the Purchase Price of the Products ordered, delivery charges (hereinafter the "Charges"). These fees vary depending on the type, the total amount of products ordered, and delivery method chosen, and include VAT. The buyer can check the amount of these expenses on the site by clicking on the "shopping bag", which displays a calculation of the total amount corresponding to the Purchase Price of the Products and fees. The Company reserves the right to change the amount of fees at any time, but the fee will be charged on the basis of rates in effect at the time of validation of the Order, and subject to availability. These fees will be refunded back to the buyer if he returns all or part of the Order under his right of withdrawal, in accordance with Article 9 of these Terms with the exception of the costs of returning products which remain the responsibility of the Buyer.
Article 6: Description and availability
6.1. AC Motorsport takes great care when putting information online concerning the essential characteristics, including through technical descriptions emanating from our partners and suppliers and non-contractual photographs illustrating the products within the limits of technology and in the compliance with industry standards. If these photographs and/ or texts a fallacy, the Seller's liability could be incurred on that account. It is committed to providing its best to correct as quickly as possible errors or omissions after being informed.
6.2. The Seller makes every reasonable effort to display the availability of products in real time on the site but cannot be held liable if a product was not available to honor the Order made by the buyer. The availability is shown for information only and does not represent any contractual commitment. In case of unavailability of any of the Products ordered, the buyer will be notified and will have the opportunity to either modify its control, or to cancel, in which case a refund of the amount of his command if has already made the payment.
Article 7: Delivery
7.1. Delivery is made by Taxipost throughout Belgium, Germany, France and Luxembourg. Upon delivery, a sales invoice is delivered to the buyer. During the validation of his order, the buyer can choose between several modes of delivery, or delivery to his home address or to a specific address (place of work or other - only in Belgium and Luxembourg) or one withdrawal to the store. If the buyer opts for delivery to a specific address, Seller shall use its best efforts to ensure that the Order be sent to this address in a few days after the validation of the Order. Services Bpost arise at this address between 8 and 18h on working days, and deliver the parcel to the recipient at this address. In case of absence, a notice will be left in the mailbox of the address. It would be for the buyer to go to the post office indicated on the notice to retrieve his package. If the buyer does not get his package within 15 days, the Order will be automatically returned to the Seller, who will contact the buyer to arrange delivery of the Order. In this case, the extra delivery costs may be claimed from the purchaser.
7.2. The risk passes to the buyer is at the time of delivery. Each delivery is done as soon the release of the product according to the method of delivery chosen by the buyer, that is to say either to the delivery address you choose, either to the store. The proof of this provision is evidenced by the control system used by the driver or by the seller.
7.3. It is the buyer to check the shipments upon arrival and to all reserves and claims that may appear justified, or even refuse the package, if it is likely to have been opened or if traces obvious deterioration. Said reservations and complaints relating to the delivery of products should be addressed directly to the supplier by registered letter with acknowledgment of receipt within three working days after delivery of the Products, and a copy to the Seller.
7.4. The company AC Motorsport draws attention to its valued customers on the fact that parts for the adaptation of vehicles, for competition, may have characteristics such that they make their travel is prohibited on roads open to traffic public to the extent that they substantially alter the characteristics of such vehicles described in the acceptance report issued by the competent department: noise, pollution, maximum speed, tire size, etc. ... On the other hand, all these pieces are not competitive subject to any specific contractual guarantee.
Article 8: Liability
Seller does not contract as an obligation of means, for every step of accessing the site, of the Order, delivery or subsequent services. Seller's liability could be incurred for any inconvenience or damage arising from the use of the Internet, including interruption ofservice, external intrusion or presence of computer viruses, or any fact that can be qualified as force majeure. In any event, the Seller's liability under these Terms shall not exceed an amount equal to amounts paid or payable on the transaction giving rise to such liability, whatever the cause or form of the action involved .
Article 9: Right of withdrawal and Return Policy - Refund Policy
9.1. If an item purchased on the Site does not fit the buyer, it has a period of fourteen (14) calendar days from the day after the day of delivery, to withdraw from his contract without penalty and without cause, in accordance with European and national legislation applicable to these Terms (1). In this period, the buyer must notify the Seller of its intention to exercise his right of withdrawal, by accessing its controls under "Commands", and when viewing the details click on "Request Return" to get a return code and print out the return. The buyer will receive via email to the address indicated in its membership, a return code, it should indicate a return coupon available under "Commands" from the page giving detailed data the Order, he must complete, sign, and include in the package it returns. Beginning with the intention of the purchaser to return all or part of his command, he has a period of 10 calendar days to return the Products to the Seller. Failure to observe this period, the purchaser shall forfeit its right of withdrawal, and will make payment of their order.
9.2. Return to the Seller will be made to the following address of the Seller, unless otherwise communicated to the purchaser, and by any means of transport chosen by the purchaser, which shall retain proof of mailing: AC Motorsport SPRL -S, 14 Rue Moray, B-4218 Couthuin (Belgium). Costs and risks of return shipping shall be borne by the purchaser.
9.3. When used by the purchaser of his right of withdrawal, as agreed in the previous paragraph, Seller agrees to refund the Purchase Price to the buyer, if it has already been paid, later than thirty (30) calendar days of receiving the package back by the Seller. This refund will be made as follows: If the purchaser has paid the payment of the Order by credit card, after verifying the items returned, a credit will be focused on the credit card used by the buyer to pay the price Purchase of returned items, less amounts of vouchers or discounts or used to pay the Purchase Order. Reimbursement will be made by the buyer as agreed with the bank issuing the card. If the buyer has paid its control by another form of payment, the refund will be made by bank transfer to bank account number that will be indicated on the back. If no valid bank account number on the right of return, reimbursement by the Seller may be made in the form of a voucher for use on the Site.
9.4. The purchaser may make use of this right of withdrawal if the Products delivered have clearly been sustainable use (beyond a few minutes), have been damaged or have missing parts. Products must be returned properly protected in their original packaging, in perfect condition for resale (not damaged or soiled by the customer) together with all accessories, instruction manuals and documentation to the address above indicated, accompanied by the original sales invoice, which the buyer will retain a copy. Otherwise, they cannot be returned. Cannot be resumed, parcels for which no element is attached to identify the sender (no back, no order, name, address). Items returned but cannot be accepted in return are required to address the Seller, at the disposal of the buyer is required to take them back and pay them. If returns are abnormal or improper, the Company reserves the right to refuse a subsequent Order.
Article 10: Legal guarantee
10.1. The buyer has the legal guarantee of Articles 1649 bis and following of the Civil Code, for any lack of conformity existed at the time of delivery of his article, he did not know or was not supposed to know the default time of the contract and if it appears within two years from delivery. In this case, the buyer may require, or to replace the item in question, without charge, and within a reasonable time and within the availability of similar items, an appropriate reduction of the Purchase Price or termination of the contract, as provided by law. The buyer may not, however, require termination of the contract in case of minor non-conformity. Similarly, regard shall be had, if any, wear resulting from the use of the article by the buyer since its delivery.
10.2. The buyer must notify the Seller of its intention to appeal to the legal guarantee, in writing, no later than within two months from the day he discovered the fault. The costs of returning the item non-compliant will be borne by the Seller, provided it is done through the postal services from Belgium. These fees will be credited back in the form of a voucher, to be credited to next order, or be included in the refund.
10.3. The guarantee does not apply:
- Normal wear and tear of certain items
- Defects and damage caused by the fault of the buyer.
For any information or question, the buyer can contact the Customer Service from Seller through the contact form, by visiting the Site, and selecting "Customer Service" under the Heading "Contact".
Article 11: Payment - Penalty clause
Our articles and goods are payable in cash at the time of order. For orders placed by mail (Internet, mail, fax, etc ...) our shipments are made after receipt of payment. Payment for purchases is made by bank transfer or by credit card Visa or MasterCard. During the validation of the Order, the buyer chooses one of the payment methods. The buyer specifies the name on his credit card, the card number, expiration date and control number. Some agencies may require bank issuers an additional signature type digipass. The validity of the payment is confirmed or not after checking with the bank issuer. If payment is confirmed, the levy occurs after the billing of the Order, as agreed with the bank issuing the card. (S) Product (s) command (s) remains the property of Seller until full payment of the Purchase Price and Fees specified in the Order.
Failure to pay any amounts when due, it will generate interest of right and without formality, on the first day of delivery until full payment at the rate of 1.5% per month which s' add 29 Euros fee. Any use of AC Motorsport in a legal action will result in an increase of 20% of the amounts due as a penalty clause.
Article 12: Secure Payment
All online payments made on the website are the AC Motorsport through the system Ogone. Your bank details are handled directly and do not travel on the site. All your data is encrypted before passing over the Internet through Secure Socket Layer (SSL), ensuring theirsafety. The site is hosted by AC Motorsport Professional provider itself protected by the latest technologies.
Article 13: Protection of privacy in regard to the processing of personal data
13.1. The Seller collects personal data about members, which is communicated on the Site. It undertakes not to disclose such information to third parties. These are confidential. They will be used by its internal departments for processing Orders or in order to reinforce and personalize communication including letters / emails and information as part of customizing the site based on stated preferences of the members.
13.2. Seller does not sell, does not sell, and does not rent to third parties information relating to Members. In case of transfer or use by third parties of personal data, the Seller agrees in advance to inform the buyer to enable it to exercise its right to object. Seller may also provide consolidated statistics on its members, its sales, trading patterns and information on the Site to trusted third parties, but these statistics will include no personal data. This article cannot however prevent the sale or transfer of activities to a third party.
13.3. In accordance with legal European and national rules (1), the buyer can exercise his right of access to the file and its right to correct information about them by accessing the section "Personal Information" from the "My Account" . He can exercise his right to delete information about them by visiting the site, in the "Contact" by selecting "Customer Service" (indicating suppression data with email address, full name, postal address), or mail to the following address: Motorsport SPRL AC-S, 14 Moray Street, B-4218 Couthuin, Belgium) or email address: info@acmotorsport.be. Furthermore, in accordance with these provisions, the processing of personal information collected on the Site has been declared to the Commission for the Protection of Privacy Act. AC-S Motorsport SPRL is registered as a controller of personal data to the Commission for the Protection of Privacy under number HM0030014477. The person within the company, responsible for processing personal data, and responsible for responding to Members' questions about it, is Quédé Arnaud, info@acmotorsport.be. AC Motorsport can be contacted by phone +32 94 479 74 32 or by mail at 14 Moray Street, B-4218 Couthuin, Belgium.
Privacy Policy
According to the law of 8 December 1992 on the protection of privacy in regard to the processing of personal data, the processing of personal information collected on the Site has been declared to the Commission protection of privacy. The User has a right to access, modify, rectify and delete data.
13.4. The site employs the use of cookies. A cookie is a file stored on the hard disk of the microcomputer of the buyer. The site uses two types of cookies.
1) The technical cookies avoid you, especially, have to enter the information you previously provided during registration on the site.
2) Certain pages of this Site may contain electronic images or "web beacons", which used to count the number of visitors to the page. The tracking cookies that collect statistics for non-personal information such as attendance of some pages, browser type or IP address, operating system you use, a domain name or website from which you visit our Web site, the items you see. It aims to gather statistics about traffic on certain pages of the Site, and to better serve Members. Buyer retains the right to refuse cookies by configuring theirbrowser. He loses the ability to customize the service which is delivered by the Seller.
Article 14: Settlement of Disputes - Applicable law - Jurisdiction
In case of dispute, an amicable solution will be sought before any legal action. The Buyer has the opportunity to get in touch with the seller through info@acmotorsport.be address or via the contact form in the Contact section "Customer Service" of the Seller's site. These Conditions are subject to Belgian law.
Failing settlement, the courts of the judicial district of Huy will be competent.
Article 15: Nullity and completeness
If one or more provisions of the General Conditions are held to be invalid or declared as such under any law, regulation or after a final decision of a competent court, other provisions shall remain in full force and effect.
The General Conditions and the order summary sent to the buyer form a contract and constitute the entire contractual relationship between the Parties. In case of conflict between these documents, the Terms will prevail.
Article 16: Proof
The records stored in the computer systems of the Seller and its partners under conditions of reasonable safety, will be considered proof of communications, orders and payments between the Parties.
Article 17: Use of computer data
You have the right to access and modify any personal information about you. To access, rectify the data or to oppose the disclosure to third parties, the customer simply write to:
AC-S Motorsport Sprl
14 Moray Street
B-4218 Couthuin
Stating your full name and address.
(A) (i) Directive 97/7/EC of the European Parliament and Council of 20 May 1997 on the protection of consumers in respect of distance contracts, and applicable national laws transposing the Directive (Articles 78 et seq the Belgian law of 14 July 1991 on trade practices and information and consumer protection, the Luxembourg law of 16 April 2003 on the protection of consumers in respect of distance contracts and the Dutch law on February 1, 2001 distance selling) and (ii) Directive 2000/31/EC of the European Parliament and Council of 8 June 2000 on certain legal aspects of electronic commerce in the internal market and the national transposition laws.
(2) The European Directive 45/96 of the European Parliament and Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data, and national implementing legislation (the Belgian Law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the Luxembourg law of August 2, 2002 on the protection of individuals with regard to the processing of personal data and the Dutch Act of 03 July 2000 on the protection of personal data