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General terms and conditions of sale

The present General Terms and Conditions of Sale (hereinafter the "GTC") are proposed by SARL KUTVEK / FIRST RACING, with a capital of 4000 €, company registered at the RCS of RCS de Bourg-En-Bresse B 511 563 827 , whose head office is located ZA Pont de Vaux Est, 01190 Saint Bénigne (hereinafter "FIRST RACING").

We will hereafter refer to :

  • "Site" : the site https://www.firstracing.com and all its pages.
  • "Products " or " Services " : all the products (materials) and services (services) that can be purchased or subscribed to on the Site.
  • "Seller " : FIRST RACING, legal or natural person, offering its Products or Services on the Website.
  • "Customer " : the Internet user, private individual or professional, purchasing a Product(s) or Service(s) on the Website.
  • "Consumer ", in accordance with the definition of the preliminary article of the Code of consumption: " any natural person who acts for purposes which do not enter within the framework of his commercial, industrial, artisanal or liberal activity ".

The Internet user visiting the Site and interested in the Products and Services offered by the Vendor is invited to read these GTC carefully, to print them and/or to save them on a durable medium, before placing an order on the Site.

The Customer acknowledges having read the GTC and accepts them in full and without reservation.

Article 2 - Application of the GTC and purpose of the Site

The Seller reserves the right to modify at any time the GTC by publishing a new version of them on the Site. The GTC applicable to the Customer are those in force on the day of his order on the Site.

The legal information concerning the host and publisher of the Site, the collection and processing of personal data and the conditions of use of the Site are provided in the general conditions of use, the legal notice and the data charter of this Site.

The present Site proposes the on-line sale of .

The Site is freely accessible to all Customers. The acquisition of a Product or a Service implies the acceptance, by the Customer, of the entirety of the present GTC, who acknowledges by the same fact to have fully acquainted with it. This acceptance may consist, for example, for the Customer, in checking the box corresponding to the sentence of acceptance of the present GTC, having for example the mention " I recognize to have read and accepted the whole of the general conditions of the Site ". The fact of checking this box will be deemed to have the same value as a handwritten signature by the Customer.

Acceptance of these GTC assumes that the Customer has the legal capacity to do so. If the Customer is a minor or does not have the legal capacity to do so, he/she declares that he/she has the authorization of a guardian, curator or legal representative.

The Customer acknowledges the value of evidence of the automatic recording systems of the Vendor and, unless he/she brings evidence to the contrary, he/she waives the right to contest them in case of litigation.

The Publisher provides the Customer, on its Website, with a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with respect to these personal data The data privacy policy is part of the GTC. The acceptance of the present GTC implies the acceptance of the data privacy policy.

Article 3 - Creation of a customer account

The creation of a "customer account" is a prerequisite to any order of the Customer on this Site. To this end, the Customer will be asked to provide a certain amount of personal information such as his first and last name, his email address, his postal address and his telephone number, this list not being exhaustive. As such, the Customer agrees to provide accurate information. The Customer is responsible for updating his data. He must therefore notify the Seller without delay in case of change. The Customer is solely responsible for the truthfulness, accuracy and relevance of the data provided.

The Customer registered to the Site has the possibility to access it by logging in with his identifiers (e-mail address defined at the time of his registration and password) or possibly by using systems such as third-party social network connection buttons. The Customer is fully responsible for the protection of the password he/she has chosen. He is encouraged to use complex passwords. If the Customer forgets a password, he/she has the option of generating a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the Customer shall therefore refrain from transmitting or communicating it to a third party. Otherwise, the Seller shall not be held responsible for unauthorized access to a Customer's account.

The customer account allows the Customer to consult all his orders made on the Site. If the data contained in the customer account section were to disappear as a result of a technical failure or a case of force majeure, the Vendor shall not be held liable, as this information has no probative value but is solely informative. The pages relating to the customer account are freely printable by the Customer holding the account in question but do not constitute proof, they are only of an informative nature intended to ensure efficient management of his orders or contributions by the Customer.

Each Customer is free to close his account on the Site. To do so, he must send an e-mail to the Seller indicating that he wishes to delete his account. No recovery of his data will then be possible.

The Seller reserves the exclusive right to delete the account of any Customer who has contravened these GTCs (in particular, and without this example being exhaustive, when the Customer has knowingly provided erroneous information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the Customer who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the Seller, to undertake legal proceedings against the Customer, when the facts justify it.

Article 4 - Method of subscribing orders and description of the purchasing process

The Products and Services offered are those listed in the catalog published on the Site. These Products and Services are offered within the limits of available stocks. Each Product is accompanied by a description established by the Seller according to the descriptions provided by the supplier.

The photographs of the Products in the catalog reflect a faithful image of the Products and Services offered but do not constitute a contractual commitment insofar as they cannot ensure a perfect similarity with the physical Products.

The "Shopping Cart" is defined below as the immaterial object grouping together all the Products or Services selected by the Site's Customer with a view to a purchase by having clicked on these elements. In order to proceed with his order, the Customer chooses the Product(s) he wishes to order by adding them to his "Shopping Cart", the content of which may be modified at any time.

Once the Customer considers that he has selected and added to his basket all the Products he wishes to buy, he will have the possibility, to validate his order, to access his basket by clicking on the button provided for this purpose. He will then be redirected to a summary page on which he will be informed of the number and characteristics of the Products ordered, as well as their unit price.

If he wishes to validate his order, the Customer will have to tick the box relating to the ratification of the present GTC and click on the validation button. The Customer will then be redirected to a page where he/she will have to fill in the order form fields. In the latter case, he/she will have to fill in a certain amount of personal data concerning him/her, necessary for the proper processing of the order.

All orders placed on the Site must be duly completed and must specify this necessary information. The Customer may make changes, corrections, additions, or cancel the order, until the order is validated.

Once the Customer has completed the form, he/she will be invited to make the payment with the payment methods listed in the payment section of these GTC. After a few moments, the Customer will receive an e-mail confirming the order, reminding him/her of the content of the order and the price of the order.

The Products sold remain the property of the Seller until full payment of their price, in accordance with this retention of title clause.

Article 5 - Prices and payment terms

Unless otherwise stated, the prices listed in the catalog are prices in Euros, including all taxes, taking into account the VAT applicable on the day of the order and excluding any contribution to processing and shipping costs.

FIRST RACING reserves the right to modify its prices at any time and to pass on, if applicable, any change in the current VAT rate to the price of the Products or Services offered on the Website. Nevertheless, the price appearing in the catalog on the day of the order will be the only one applicable to the Customer.

The Customer can place an order on the present Site and can pay by credit card, Paypal, and foreign payments.credit card payments are made through secure transactions provided by an online payment platform provider.

This Site does not have access to any data relating to the Customer's means of payment. Payment is made directly to the bank or payment service provider receiving the Customer's payment. In case of payment by check or bank transfer, the delivery periods defined in the article "Deliveries" of the present GTC shall only start to run from the date of effective receipt of the payment by the Seller, the latter being able to provide proof by any means. The availability of the Products is indicated on the Website, in the description of each Product.

FIRST RACING will archive the order forms and invoices on a reliable and durable medium constituting a true copy. The computerized registers will be considered by the parties as proof of the communications, orders, payments and transactions between the parties.

Article 6 - Deliveries

The delivery costs will be indicated to the Customer before any payment. The Site has no geographical limitation of delivery, orders can be shipped anywhere in the world.

In case of delivery of a Product outside the territory of the European Union and in the French overseas departments and territories, the Customer declares himself to be the importer of the Product and accepts that in such a case the Seller may not be able to provide him with accurate information on the total amount of the costs relating to customs duties and formalities or import taxes applicable in the country where the delivery of the Product is requested.

Unless otherwise stated on the Site during the ordering process or in the description of the Products ordered, the Seller undertakes in all cases to deliver the Products within a maximum of thirty (30) days after the conclusion of the contract with a Consumer Customer.

The Customer may refuse a package at the time of delivery if he/she notices an anomaly concerning the delivery (damage, missing Product compared to the delivery slip, damaged package, broken Products...); any anomaly must then be indicated by the Customer on the delivery slip, in the form of handwritten reserves, accompanied by the Customer's signature. To exercise his right of refusal, the Customer must open the damaged or defective package(s) in the presence of the carrier and have him take back the damaged goods. If the Customer fails to comply with these instructions, the Customer shall not be entitled to exercise its right of refusal, and the Seller shall not be obliged to grant the Customer's request to exercise its right of refusal.

If Customer's package is returned to Seller by the Postal Service or other postal service, Seller shall contact Customer upon receipt of the returned package to ask Customer what action to take on the order. If the Customer has mistakenly refused the parcel, he may request that it be returned by first paying the postal charges for the new shipment. The postal charges must be paid even for orders for which the postal charges were offered at the time of the order.

In case of delivery error or exchange (if the right of withdrawal is applicable, i.e. if the Customer is a Consumer and the contract concluded to acquire the Product or Service allows withdrawal, according to article L.221-18 and following of the Consumer Code), any product to be exchanged or refunded must be returned to the Seller in its entirety and in perfect condition. Any defect resulting from a clumsiness or a false maneuver of the Customer could not be imputed to the Salesman.

Any delay of delivery compared to the date or to the deadline indicated to the Consumer Customer at the time of its order or, in the absence of indication of date or deadline at the time of the order, higher than thirty (30) days as from the conclusion of the contract can involve the resolution of the sale at the initiative of the Consumer Customer, on written request of its share by registered letter with acknowledgement of delivery, if after having enjoined the Salesman to carry out the delivery it did not carry out. The Consumer Customer will then be refunded, at the latest in the fourteen (14) days following the date on which the contract was denounced, of the totality of the paid sums. This clause is not intended to apply if the delay in delivery is due to a case of force majeure.

Article 7 - Right of withdrawal and withdrawal form

In accordance with article L.221-18 of the French Consumer Code, and if the right of withdrawal is applicable, the Consumer Customer has a period of fourteen (14) working days from the date of receipt of the Product of his order or from the conclusion of the contract for services, to withdraw. The Customer must return any Product that does not suit him/her and ask for an exchange or a refund without any penalty, except for the return shipping costs, within fourteen (14) days from the receipt by FIRST RACING of the refund request.

The Product must be returned in perfect condition. If necessary, it must be accompanied by all its accessories. The Consumer Customer can find below a standard withdrawal form for an order placed on the Website, to be sent to FIRST RACING. It is understood that the Customer will bear the cost of returning the Product in case of withdrawal, as well as the cost of returning the Product if this one, due to its nature, cannot normally be sent back by post.

If the above obligations are not fulfilled, the Customer will lose his right of withdrawal and the Product will be returned at his expense.

It is recommended to the Customer to make the return by a solution allowing a follow-up of the parcel. Otherwise, if the returned package does not reach the Seller, it will not be possible to launch an investigation with the postal services in order to ask them to locate it.

Refunds will be made using the same method of payment chosen by the Customer for the initial transaction, unless the Customer expressly agrees that the Seller may use another method of payment, and insofar as the refund does not incur any costs for the Customer.

Seller also reserves the right to defer the refund until receipt of the Product or until Customer demonstrates that it has shipped the Product, if such demonstration has not previously occurred.

In case of depreciation of the Products resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of the Product(s), the Customer may be held liable.

In accordance with Article L221-5 of the Consumer Code, ("Hamon Law") of June 2014, the Consumer Customer can find below a standard withdrawal form for an order placed on the site :

Which items ordered on the site can be returned?

All products on the site can be returned, except those marked otherwise. The returned products must be intact, in perfect condition for resale, in their original packaging. They must not have been worn or used, nor have they suffered any deterioration, however slight, and must be in a perfectly clean condition. Any product that is damaged, incomplete, or whose original packaging is deteriorated, will not be refunded or exchanged.

The right of withdrawal can not be exercised for contracts for the supply of goods made to the specifications of the consumer or clearly personalized (Article 121-20-2). This article is valid for products with customization at the request of the customer. The jerseys with a flocking being personalized with the choice of the customer, cannot be taken again.


Cancellation form

(Please complete and return this form only if you wish to withdraw from the contract)

To the attention of FIRST RACING, ZA Pont de Vaux Est, 01190 Saint Bénigne,  FR

I/We (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the following goods (*)/services (*):

Ordered on (*)/received on (*) :

Name of Customer(s) :

Address of Client(s)

Signature of Client(s) (only if notifying this form on paper):

Date:

(*) Delete as appropriate.

Article 8 - Exceptions to the right of withdrawal

The Site proposes the sale of the following Products, for which the right of withdrawal of the Consumer Customers cannot be applied, pursuant to the article L.221-28 of the Code of the consumption: all the products of the category personalization.

The Customer acknowledges having read this list, notified prior to the sale in these GTC.

Services starting immediately after the purchase and fully executed before the end of the withdrawal period do not allow the Customer to benefit from his right of withdrawal if he has expressly waived his right of withdrawal. The right of withdrawal cannot be exercised in the context of the supply of digital content not provided on a material medium whose execution began before the end of the withdrawal period with the express waiver of the Customer to his right of withdrawal.

Article 9 - Product warranty


Legal provisions to be reproduced

When acting in legal warranty of conformity, the consumer has a period of two years from the delivery of the good to act; he can choose between repair or replacement of the good, subject to the conditions of cost provided by Article L.217-9 of the Consumer Code; except for second-hand goods, he is exempted from proving the existence of the lack of conformity of the good during the six months following the delivery of the good, a period extended to 24 months from March 18, 2016.

The legal guarantee of conformity applies independently of any commercial guarantee that may have been granted.

The consumer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code, unless the seller has stipulated that he will not be obliged to any warranty; in the event of the implementation of this warranty, the buyer has the choice between the resolution of the sale or a reduction in the sale price in accordance with Article 1644 of the Civil Code. He has a period of two years from the discovery of the defect.

The postponement, the suspension or the interruption of the prescription cannot have the effect of carrying the extinctive prescription period beyond twenty years as from the day of the birth of the right in accordance with article 2232 of the Civil code.

All the articles acquired on the present site profit from the following legal guarantees, envisaged by the Civil code;


Legal guarantee of conformity

According to articles L.217-4 and following of the Consumer Code, the Seller is required to deliver a good in conformity with the contract concluded with the Consumer Customer and to answer for the defects of conformity existing during the delivery of the Product. The guarantee of conformity may be exercised if a defect exists on the day of taking possession of the Product. However, when the defect appeared within 24 months of this date (or within 6 months if the order took place before March 18, 2016 or the Product is sold second-hand), it is presumed to meet this condition. But, in accordance with Article L.217-7 of the Consumer Code, " the Seller may rebut this presumption if it is not compatible with the nature of the [Product] or the claimed lack of conformity."

On the other hand, after this 24-month period (or 6 months if the order took place before March 18, 2016 or the product is sold second-hand), it will be up to the Customer to prove that the defect did exist at the time of taking possession of the Product.

In accordance with Article L.217-9 of the Consumer Code: " in case of lack of conformity the buyer chooses between repair and replacement of the good. However, the seller may not proceed according to the buyer's choice if this choice entails a cost that is clearly disproportionate to the other method, given the value of the goods or the importance of the defect. He is then obliged to proceed, unless this is impossible, according to the method not chosen by the buyer.


Legal warranty against hidden defects

According to articles 1641 to 1649 of the Civil Code, the Customer may request the exercise of the guarantee against hidden defects if the defects presented did not appear at the time of purchase, were prior to the purchase (and therefore do not result from normal wear and tear of the Product for example) and are sufficiently serious (the defect must either render the Product unfit for the purpose for which it was intended, or diminish that purpose to such an extent that the purchaser would not have purchased the Product or would not have purchased it at such a price had he known of the defect).

Claims, requests for exchange or refund for a non-compliant Product must be made by mail or by email to the addresses indicated in the legal notices of the site.

In case of non-conformity of a delivered Product, it can be returned to the Seller who will exchange it. In case of impossibility of exchange of the Product (obsolete Product, out of stock, etc.) the Customer will be refunded by check or transfer of the amount of his order. The costs of the exchange or refund procedure (in particular the cost of returning the Product) shall be borne by the Seller.

Article 10 - Customer Service

The customer service of this Website is accessible by e-mail at the following address: contact@firstracing.com.

FIRST RACING  also provides its Customers with a hotline, or telephone assistance, to answer their questions. The hotline can be contacted by phone at +33 451 420 171 (not surcharged).

Article 11 - Liability

The Seller FIRST RACING shall not be held responsible for the non-performance of the contract due to the occurrence of a force majeure event. Concerning the purchased Products, the Seller will not be held responsible for any indirect damage, operating loss, loss of profit, damage or expenses, which could occur.

The choice and the purchase of a Product or a Service are under the sole responsibility of the Customer. The total or partial impossibility of using the Products, in particular due to incompatibility of the equipment, shall not give rise to any compensation, reimbursement or liability on the part of the Vendor, except in the case of a proven hidden defect, non-conformity, defect or exercise of the right of withdrawal, if applicable, i.e. if the Customer is not a Consumer and the contract concluded to acquire the Product or Service allows for withdrawal, in accordance with Article L 221-18 et seq. of the French Consumer Code.

The Customer expressly admits using the Site at his own risk and under his exclusive responsibility. The Website provides the Customer with information for information purposes, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, FIRST RACING will not be held responsible for :

  • any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Website or, on the contrary, from the impossibility of its use;
  • malfunction, unavailability of access, misuse, poor configuration of the Customer's computer, or the use of a browser little used by the Customer;
  • the content of advertisements and other links or external sources accessible by the Customers from the Site.

The photographs and visuals of the Products presented on the Site have no contractual character, the responsibility of the Salesman could not be committed if the characteristics of the Products differ from the visuals present on the Site or if the latter are erroneous or incomplete.

Article 12 - Intellectual property rights

All the elements of this Site belong to the Seller or to a third party agent, or are used by the Seller with the authorization of their owners.

Any reproduction, representation, adaptation of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously prohibited and is similar to counterfeiting.

Any Customer who is guilty of infringement may have his or her account deleted without notice or compensation and without this deletion constituting damage to him or her, without prejudice to any subsequent legal proceedings against him or her, at the initiative of the Vendor or his or her agent.

The present Site uses elements (images, photographs, contents) whose credits return to : .

The trademarks and logos contained in the Website may be registered by FIRST RACING, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and reruns incurs the penalties provided for in Articles L.713-2 and following of the Code of Intellectual Property.

Article 13 - Independence of the clauses

If any provision of the GTC is deemed illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the GTC and shall not affect the validity and enforceability of the remaining provisions.

These GTC supersede any prior or contemporaneous written or oral agreements. The T&Cs are not assignable, transferable or sublicensable by the Customer himself.

A printed version of the GTC and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the GTC. The parties agree that all correspondence relating to these GTC shall be in the French language.

Article 14 - Applicable law and mediation

These GTC are governed by and subject to French law.

Except for provisions of public order, all disputes which could arise within the framework of the execution of the present GTC could before any legal action be subjected to the appreciation of the Editor of the Site with a view to a friendly settlement.

It is expressly reminded that the requests for amicable settlement do not suspend the deadlines opened to bring legal actions. Unless otherwise provided for by public policy, any legal action relating to the execution of these GTC shall be submitted to the jurisdiction of the courts of the place of residence of the defendant.


Mediation of consumption

According to article L.612-1 of the Consumer Code, it is recalled that " any consumer has the right to have recourse free of charge to a consumer mediator for the amicable resolution of the dispute which opposes him to a professional. To this end, the professional guarantees the consumer effective recourse to a consumer mediation system ".

In this respect, FIRST RACING offers its Consumer Customers, in the event of disputes which have not been resolved amicably, the mediation of a consumer mediator, whose contact details are as follows

  • MEDIATOR OF THE CONSUMPTION AGREED - DEVIGNY MEDIATION
  • contact@devignymediation.fr
  • https://www.devignymediation.fr/consommateurs.php

It is reminded that mediation is not compulsory but only proposed in order to resolve disputes by avoiding recourse to justice.

This document was updated on March 23, 2023.

General conditions of use

Article 1 - Definitions

The following definitions shall apply:

  • "Site" or "Service": the site https://www.firstracing.com and all its pages.
  • "Publisher": FIRST RACING, a legal or natural person responsible for the publication and content of the Website.
  • "User": the Internet user visiting and using the Services of the Website.

The present General Terms of Use (hereinafter the "GTU") are proposed by the Website Editor. The User of the Site is invited to read carefully these Terms of Use, to print them and/or to save them on a durable medium. The User acknowledges having read the GCU and accepts them in full and without reservation.

Article 2 - Application of the GCU

The purpose of these GTU is to define the conditions of access to the Site by the Users. The Publisher reserves the right to modify at any time the GTU by publishing a new version of them on the Site. The TOS applicable to the User are those in force on the day of his acceptance.

The Site is freely accessible to all Users. The acquisition of a product or service, or the creation of a member space, or more generally the navigation on the Site supposes the acceptance, by the User, of the entirety of the present GCU, who recognizes by the same fact to have taken fully knowledge of it.

This acceptance may consist, for example, for the User, in checking the box corresponding to the sentence of acceptance of the present GCU, having for example the mention " I acknowledge having read and accepted all the general conditions of the Site ". Checking this box will be deemed to have the same value as a handwritten signature by the User.

The User recognizes the value of proof of the automatic recording systems of the Editor of the present Site and, except for him to bring a contrary proof, he renounces to dispute them in case of litigation.

The acceptance of the present GCU supposes on behalf of the Users that they enjoy the legal capacity necessary for that. If the User is a minor or does not have this legal capacity, he declares to have the authorization of a tutor, a curator or his legal representative.

The Publisher provides the Customer, on its Website, with a privacy policy specifying all the information related to the use of the Customer's personal data collected by the Publisher and to the rights the Customer has with respect to these personal data The data privacy policy is part of the TOS. The acceptance of the present GTU implies therefore the acceptance of the data privacy policy.

Article 3 - Legal notice, personal data and purpose of the Site

This Website is published by FIRST RACING. The legal information concerning the host and the Editor of the Website, in particular the contact details and any capital and registration information, are provided in the legal notice of this Website.

Information concerning the collection and processing of personal data (policy and declaration) is provided in the Site's personal data charter.

The purpose of this Site is determined as "online store".

Article 4 - Member area

The User registered to the Site (member) has the possibility to access it by logging in with his identifiers (e-mail address defined during his registration and password) or possibly by using systems such as third party connection buttons of social networks. The user is entirely responsible for the protection of the password he/she has chosen. The user is encouraged to use complex passwords. If the User forgets the password, the User has the option of generating a new one. This password guarantees the confidentiality of the information contained in the "my account" section and the User is therefore prohibited from transmitting it or communicating it to a third party. Otherwise, the Website Editor cannot be held responsible for unauthorized access to a User's account.

The creation of a personal space is a prerequisite to any order or contribution of the User on this Site. To this end, the User will be asked to provide a certain amount of personal information. The User agrees to provide accurate information.

The purpose of collecting data is to create a "member account". If the data contained in the member account section were to disappear following a technical failure or a case of force majeure, the responsibility of the Site and its Editor could not be engaged, this information having no probative value but only an informative character. The pages relating to the members' accounts are freely printable by the holder of the account in question but do not constitute a proof, they have only an informative character intended to ensure an effective management of the service or the contributions by the User.

Each User is free to close his account and his data on the Site. To do so, he must send an e-mail to FIRST RACING indicating that he wishes to delete his account. No recovery of his data will then be possible.

The Editor reserves the exclusive right to delete the account of any User who has violated these Terms and Conditions (including, but not limited to, when the User has knowingly provided false information when registering and creating his personal space) or any account that has been inactive for at least one year. The said deletion will not be likely to constitute a damage for the excluded User who will not be able to claim any compensation for this fact. This exclusion is not exclusive of the possibility, for the Editor, to undertake legal proceedings against the User, when the facts will have justified it.

Article 5 - Access and availability of the Site

The Editor makes its best efforts to make the Site permanently accessible, subject to maintenance operations of the Site or the servers on which it is hosted. In case of impossibility of access to the Site, because of technical problems or of any nature, the User will not be able to claim any damage and will not be able to claim any compensation.

The Website Editor is only bound by an obligation of means; he cannot be held responsible for any damage resulting from the use of the Internet network such as loss of data, intrusion, virus, break in service, or others.

The User expressly admits using the Site at his own risk and under his exclusive responsibility.

The Website provides the User with information as an indication, with imperfections, errors, omissions, inaccuracies and other ambivalences that may exist. In any case, FIRST RACING cannot be held responsible for :

  • any direct or indirect damage, including loss of profits, loss of earnings, loss of customers, loss of data, etc., which may result from the use of the Website or, on the contrary, from the impossibility of its use;
  • malfunction, unavailability of access, misuse, poor configuration of the User's computer, or the use of a browser little used by the User.

Article 6 - Hypertext links

The Site may include hypertext links to other sites.

The User therefore acknowledges that the Publisher cannot be held responsible for any damage or loss, proven or alleged, consecutive to or in relation with the use or with the fact of having taken knowledge of the contents, advertisements, products or services available on these external sites or sources. In the same way, the responsibility of the Editor of the present Site could not be committed if the visit, by the User, of one of these sites, caused him a damage.

If, in spite of the efforts of the Editor, one of the hypertext links present on the Site pointed towards a site or an Internet source whose contents were or appeared not in conformity with the requirements of the French law to a User, this one makes a commitment to immediately contact the director of the publication of the Site, whose coordinates appear in the legal mentions of the Site, in order to communicate to him the address of the pages of the third site in question.

Article 7 - Cookies

A "Cookie" can allow the identification of the User of the Site, the personalization of his consultation of the Site and the acceleration of the display of the Site thanks to the recording of a data file on his computer. The Site is likely to use "Cookies" mainly to 1) obtain browsing statistics in order to improve the User's experience, and 2) allow access to a member's account and to content that is not accessible without logging in.

The User acknowledges being informed of this practice and authorizes the Website Editor to use it. The Editor undertakes never to communicate the content of these "Cookies" to third parties, except in case of legal requisition.

The User can refuse the recording of "Cookies" or configure his browser to be warned before the acceptance of "Cookies". To do this, the User must set the parameters of his browser:

Article 8 - Intellectual property rights

All the elements of this Site belong to the Editor or to a third party, or are used by the Editor on the Site with the authorization of their owner.

Any representation, reproduction or adaptation of the logos, textual, pictographic or video contents, without this enumeration being restrictive, is rigorously forbidden and is similar to counterfeiting.

Any User who would be guilty of counterfeiting would be likely to see his access to the site removed without notice or compensation and without this exclusion being able to be constitutive of a damage to him, without reserve of possible later legal proceedings against him, at the initiative of the Editor of the present Site or his agent.

The present Site uses elements (images, photographs, contents) whose credits return to : .

The trademarks and logos contained in the Website may be registered by FIRST RACING, or possibly by one of its partners. Any person proceeding to their representations, reproductions, imbrications, distributions and reruns incurs the penalties provided for in Articles L.713-2 and following of the Intellectual Property Code.

Article 9 - Responsibility

The Editor is not responsible for the publications of the Users, their contents as well as their veracity. The Publisher can in no way be held responsible for any damage that may occur to the User's computer system and/or for the loss of data resulting from the use of the Website by the User.

The Editor undertakes to constantly update the content of the Site and to provide the Users with correct, clear, precise and updated information. The Site is in principle permanently accessible, except during the technical operations of maintenance and update of the contents. The Editor cannot be held responsible for damages resulting from the unavailability of the Site or parts of it.

The responsibility of the Editor of the Site cannot be committed because of a technical unavailability of the connection, that it is due in particular to a case of absolute necessity, to a maintenance, to an update, to a modification of the Site, to an intervention of the host, to an internal or external strike, to a failure of network, or to a cut of electric supply.

The Editor cannot be held responsible for the non-operation, impossibility of access or dysfunctions of the Site attributable to an unsuitable equipment, to a bad configuration or use of the User's computer, to dysfunctions of the services of the User's access provider, or to those of the Internet network.

Article 10 - Contribution of the Users to the content of the Site

Users are offered the opportunity to contribute to the content of this Site. The Users are informed that the Editor of the Site, represented if necessary by the moderators, can choose to publish the content in question on the newsletters of this Site and on the sites of all its partners, in charge for the Editor to quote the pseudonym of the author of the contribution.

The author therefore waives his rights on the content of the contributions, to the benefit of the Website Editor, for any dissemination or use, even commercial, on the Internet, this, of course, always in respect of the authorship.

Article 11 - Notifications and claims

Any notification or notice concerning the present GTU, the legal notices or the personal data charter must be made in writing and sent by registered or certified mail, or by e-mail to the address indicated in the legal notices of the Site, specifying the contact details, name and surname of the notifier, as well as the subject of the notice.

Any complaint related to the use of the Site, the Services, the pages of the Site on any social networks or the TOS, the legal notice or the personal data charter must be filed within 365 days following the day of origin of the problem that is the source of the complaint, regardless of any law or rule of law to the contrary. If such claim is not filed within 365 days, such claim will be forever barred in court.

It is possible that there may be inaccuracies or errors throughout the Website and the Services offered, or information that is inconsistent with the TOU, the Legal Notice or the Privacy Policy. Moreover, it is possible that unauthorized modifications are made by third parties on the Site or on related Services (social networks...).

In such a situation, the User has the possibility to contact the Website Editor by mail or by email at the addresses indicated in the legal notice of the Website, with if possible a description of the error and the location (URL), as well as sufficient information to contact him.

Article 12 - Independence of the clauses

If any provision of the TOS is held to be illegal, void or for any other reason unenforceable, then that provision shall be deemed severable from the TOS and shall not affect the validity and enforceability of any remaining provisions.

The TOU supersedes all prior or contemporaneous written or oral agreements. They are not assignable, transferable or sub-licensable by the User himself.

A printed version of the TOU and all notices given in electronic form may be requested in judicial or administrative proceedings relating to the TOU. The parties agree that all correspondence relating to these TOU shall be in the French language.

Article 13 - Applicable law

These TOU are governed by and subject to French law.

Except for provisions of public order, all disputes that may arise in connection with the execution of these GTUs may be submitted to the Site Editor for amicable settlement before any legal action.

It is expressly reminded that the requests for amicable settlement do not suspend the deadlines opened to bring legal actions.

Unless otherwise provided for by public policy, any legal action relating to the execution of these GTUs shall be submitted to the jurisdiction of the courts of the place of residence of the defendant.