The purpose of the present general terms and conditions are, on the one hand, to inform any potential private non-commercial individual purchaser of the terms and conditions by which Race Spirit Models undertakes the sale and delivery of products bought and, on the other hand, to define the rights and obligations of the parties within the framework of the sale of products by the Vendor and Purchaser.
These present general terms and conditions refer exclusively to purchases made by natural non-trading persons with a physical address, a regularly used e-mail address and delivery address, of all of the products shown on the Race Spirit Models racespiritmodels.com website.
For the deliveries made by Post, outside of countries from European Union, the packages come with custom form CN23. This form is required for all custom clearance and custom controls.
It is the responsibility of every Purchaser to be aware, prior to validating its order on the Race Spirit Models website, of all the legislative and regulatory norms applicable to the products subject of its order, notably but not exclusively, with regard to the customs and to safety, and to verify the possibility to import or to use the products in light of these regulations.
The Purchaser prior to its order, states that:
- the purchase of products on the Race Spirit Models racespiritmodels.com website has no direct relation with its professional activity and is for its personal use only, unless explicit agreement;
- it is legally entitled to agree to the present general terms and conditions.
These terms and conditions override any other terms and conditions, notably general terms and conditions of sale, deemed unwritten, unless specifically and formally provided for by Race Spirit Models.
Taking into account possible changes in its website, Race Spirit Models reserves the right to change the present general terms and conditions from time to time. These new general terms and conditions will only be applicable to purchases made subsequent to these modifications.
2. Race Spirit Models details
Name : Race Spirit Models
Address: 4d rue de Villemenard, 18390 Saint Germain du Puy, France
SIRET: 850 835 588 0011
RCS: RCS Bourges 850 835 588
VAT not applicable pursuant to Article 293 B of the French General Tax Code
3. Website Access
The Purchaser will make it its business to set-up adequate IT and telecommunication means to access the Race Spirit Models website.
The Purchaser will bear all telecommunication charges for the access and use of the racespiritmodels.com website.
4. Contract and Orders
The sale prices of the products offered on the Race Spirit Models website, indicated in euros (€), are those in force on the date the Purchaser places its order. They include any possible price reductions or discounts agreed as special offers.
The purchase price does not include delivery charges, invoiced in addition to the price of the products purchased in relation to the amount of the order.
Race Spirit Models reserves the right to change the purchase price of the products at any moment. The Purchaser will be informed of this change before any validation of its order.
4.2. Product specifications
Pursuant to article L. 111-1 of Consumer Law, the Purchaser can, prior to its order, consult the main specifications of the product(s) it wishes to order on the racespiritmodels.com website.
The Purchaser chooses one or more products among the different categories offered on the racespiritmodels.com website.
The Race Spirit Models promotional offers are limited to available stocks.
Race Spirit Models reserves the right to change the mix of its products if some constraints require it. The photographs, graphics and descriptions of the products on offer are not contractual and in no way bind Race Spirit Models.
Any order presupposes agreement, without limitation and unreservedly, to the present general terms and conditions.
From the moment the Purchaser has validated its order by clicking on the "Order with an obligation to pay" button, it acknowledges fully accepting, and unreservedly, the present general terms and conditions as well as the prices, volumes, colours, weights and quantities of the products it has ordered.
Steps in the ordering process:
1) put the products into the basket,
2) access an account (existing or new),
3) choice of delivery address,
4) choice of means of payment (if several),
5) validation of the order after ticking "I agree to the terms and conditions of sale and will adhere to them unconditionally.".
By clicking on the "Order with an obligation to pay" button together with the identification procedure and the total protection of the messages is equivalent to an electronic signature. This electronic signature has the same value between the parties as a handwritten signature.
The purchase will only be considered as final when Race Spirit Models sends confirmation of the order by e-mail to the Purchaser. Once the confirmation has been sent, it can only be called into question in the cases enumerated in articles 7.4 "return of products" and 8 "Right of withdrawal" of the present general terms and conditions of sale.
Any fraudulent order or order suspected as such will be considered as null and void by Race Spirit Models.
Race Spirit Models advises the Purchaser to keep this information in a paper or electronic form.
The Purchaser settles payment on order.
All orders are payable in euros (€).
To settle the order, the Purchaser can avail itself of the following methods of payment: credit card (Visa, Master Card and American Express), or PayPal.
The Purchaser guarantees Race Spirit Models that it has the eventual necessary authorisation to use the method of payment chosen, when the order is validated.
Any order settled by cheque or money order will only be processed once the payment has been received.
At no time can the monies advanced be considered as deposits or instalments.
Race Spirit Models reserves the right to suspend or cancel any order and/or delivery, of whatever nature and at whatever point in the process, in case of non-payment of any sum due by the Purchaser or in the case of a payment issue.
Late payment penalties of an amount equal to the interest rate applied by the European Central Bank to its latest refinancing plan, increased by TEN (10) points, are applicable by full right to amounts remaining unpaid after a TEN (10) day period following the date of invoice.
Deliveries of any new orders could be suspended in the case of late payment of a previous order and this notwithstanding the provisions of the present.
Race Spirit Models reserves the right to request proof of residence, a photocopy of an identity card and/or a bank card (first side only) from the Purchaser for all payments.
Within the framework of the fight against Internet fraud, information concerning the Purchaser's order could be communicated to any third party for verification.
6. Choice of products
The Purchaser being fully aware of the products commercialised by Race Spirit Models and of their specifications, takes sole responsibility in relation to its needs as it has previously determined before any order, for the choice of the product(s) subject of its order. Moreover, the Purchaser alone being aware of the products it has and uses, is sole judge of the compatibility of the products ordered with those it uses.
It is for the Purchaser alone to decide, if it considers itself insufficiently knowledgeable, to ask for advice.
7. Delivery and reception
7.1. General remarks
The products ordered are handed directly to the Purchaser, or to a shipper or transport company responsible for their delivery. The products will be delivered to the address given by the Purchaser on the order form.
By default, invoices will be sent to the email address the Purchaser gave when it registered. If the below procedure is not respected, Purchaser claims will not be accepted.
The Purchaser is delivered at its residence by carrier or its postal service.
Race Spirit Models cannot be held responsible for any delivery errors. In this case, any additional cost to send the products to another address will be borne by the Purchaser.
7.3 Delivery time
In accordance with the provisions of article L. 121-20-3 of Consumer Law, the products ordered will be delivered within a THIRTY (30) day period from the day following the date the Purchaser validated their order and subject to payment of the price, or, where payment is by cheque or money order, from the day after Race Spirit Models receives the means of payment.
Except for delays brought on by mistakes or transport company or carrier hold-ups, the Purchaser can, should the delivery not be made within the 30 day period, cancel its order or exchange the products ordered, with the exception of foodstuff, by other products offered on the Race Spirit Models racespiritmodels.com website in accordance with the methods detailed in 7.4 below. In the case of repayment, the sums paid by the Purchaser will be returned without delay, except for any compensation and notably any damages.
Where there is a delivery delay with regard the period stipulated above, the Purchaser must inform Race Spirit Models in writing (letter, fax, e-mail) to enable them to improve the service offered and to investigate the reasons for the delay and possibly proceed with a claim for damages.
A transport company or carrier investigation can take up to TWENTY ONE (21) working days. If the product is found during this period, it will be immediately sent to the delivery address on the delivery note.
On the other hand, if the product is not found at the expiration of this TWENTY ONE (21) day period, Race Spirit Models will send the Purchaser a new order at their expense.
Should the product ordered no longer be available, the provisions stipulated in article 8 will be applied.
Where a product is exchanged, delivery costs will be borne by the Purchaser.
Where a delivery takes place outside metropolitan France, Race Spirit Models cannot be held responsible for any delay, import issues or seizure of products ordered by the customs of the Purchaser’s country of residence based on non-compliance of the said product with the specific norms of the country of delivery.
7.4. Return of products
Race Spirit Models accepts the return of any article bought on the website, if it is returned within a FIFTEEN (15) day period form the date of reception of the order placed by the Purchaser. No return will be accepted after the expiration of this time period. The transport costs of the return and of the initial delivery will be borne by the Purchaser.
The Purchaser has to decide if they want to change the product or be reimbursed. If the customer wishes to change the product they have to send it by post within FIFTEEN (15) days from the date they request the change. If the exchange product has a higher value than that of the initial order, the Purchaser will be asked to pay the difference by any method of payment. If the exchange product has a lower value than that of the initial order Race Spirit Models will reimburse the difference.
To return an article, the Purchaser must follow the instructions below:
1. Use the original packaging to return the product.
2. Fill in and enclose the Return Slip to be downloaded from the website. Returns without a Return Slip will not be accepted.
3. Send the parcel to the following address :
Race Spirit Models
Mr Daniel Filippi
4d rue de Villemenard
18390 Saint Germain du Puy
The products must be returned to Race Spirit Models in their original condition (packaging, accessories, notice...), correctly sealed and include the signed return slip. Race Spirit Models will not accept to pay the transport costs on arrival. Any risks involved in the return of the product are the Purchaser’s liability. If the Purchaser does not respect the procedure mentioned above and the time period indicated, they cannot proceed with a claim for non-compliance or conspicuous defect in the delivered products, the products being considered as compliant and without any conspicuous defect.
Non-compliance of a product ordered with one or several specific norms applicable in the Purchaser’s country of residence outside France cannot be grounds for the return or reimbursement of the order.
8. Right of withdrawal
In accordance with article L. 121-20 of Consumer Law, the Purchaser has a period of SEVEN (7) clear days from the date of reception of the goods, to return the products.When the SEVEN (7) day period expires on a Sunday or a public holiday, it is extended to the next working day. The right of withdrawal can be exercised by the Purchaser without justifying the grounds or having to pay penalties, except for any return or initial delivery charges which are not reimbursed.
The products must be returned to Race Spirit Models in perfect condition for resale, in their original state (packaging, accessories, notice...), correctly sealed and including the signed return slip in accordance with the procedure described in article 7.4 above.
9. Ownership rights
RACE SPIRIT MODELS REMAINS FULL AND COMPLETE OWNER OF THE PRODUCTS SOLD UNTIL THE PRICE, DELIVERY CHARGES AND TAXES HAVE BEEN CREDITED TO THEM.
HOWEVER, THE PURCHASER IS RESPONSIBLE FOR THE PRODUCTS AS SOON AS THEY ARE PHYSICALLY DELIVERED, THE TRANSFER OF OWNERSHIP ENTAILING THAT OF RISK.
Race Spirit Models cannot be held responsible for failure to complete the contract should there be a shortage in stock or non-availability of the product due to force majeure, disturbances or partial or total strikes notably in the postal services and transport companies and/or communications, which have the effect of suspending their contractual obligations. In this case Race Spirit Models will inform the Purchaser by e-mail or any other means of the impossibility to deliver and the predictions regarding the resumption of the service. Moreover, Race Spirit Models cannot be held responsible for any indirect damages of whatever nature caused by the purchase of its products. Race Spirit Models cannot be held responsible for the loss of any data. It is the Purchaser’s responsibility to undertake all necessary file saving.
Race Spirit Models cannot be held responsible for any damage due to improper use of a product.
The racespiritmodels.com website also contains information from third parties and links to other websites. Race Spirit Models cannot be held responsible for any damages resulting from the use, access to, or inability to use this third party information, nor the content of other websites.
When it lives outside France, the Purchaser is considered as being fully aware of all the specific norms of its country of residence regarding the subject of its order, notably customs and safety. For this reason, Race Spirit Models cannot be held responsible should the Purchaser order products which do not comply with one or several norms. Likewise, Race Spirit Models cannot be held responsible in any way for delays in delivery, import difficulties or seizure of products ordered at the frontier of the Purchaser’s country of residence, due to product non-compliance with specific regulations in the country of delivery.
11. Partial non-validity
If one or more of the stipulations of the present general terms and conditions are considered as invalid or declared as such as a result of the implementation of a law, regulation or following a final judgement of a competent jurisdiction the other stipulations maintain their scope and force.
The fact that one of the parties does not prevail itself of a breach vis-à-vis the other party regarding any of the obligations mentioned in the present general terms and conditions cannot be seen in the future as the release of the obligation in question.
13. Confidentiality and "Data Protection Act"
The information collected by Race Spirit Models when the Purchaser places an order is needed by Race Spirit Models to manage the order. In accordance with the “Data Protection Act” n° 78-17 of January 6 1978, the Purchaser has a right of access, modification, opposition and suppression of their data held by Race Spirit Models.
Race Spirit Models binds itself not to communicate this information to other organisations or companies without prior permission from the Purchaser.
The Purchaser could receive commercial offers, or be informed of Race Spirit Models promotional offers. If the Purchaser does not wish to receive these offers, they can inform Race Spirit Models by letter or by email.
14. Applicable law
Any question with a bearing on the present general terms and conditions as well as the sales they govern, which are not covered by the present contractual stipulations, will be settled by French law except for any other right, and as suppletory to the Vienna Convention on the international sale of goods.
15. Governing law
For the enforcement of the present, Race Spirit Models elects domicile in its head office as stated in article 2 of the present.
Any litigation regarding the enforcement of the present general terms and conditions as well as their interpretation, execution and sales contracts finalised with Race Spirit Models, or any payment of the price, will fall within the competence of the Tribunal de commerce de Bourges (18) from wherever the order, delivery or payment was made and whatever the method of payment, even if there should be an introduction of third parties or plurality of defendants.
Bills of exchange neither substitute nor depart from this clause of jurisdiction.
The power of jurisdiction falling to the Tribunal de commerce de Bourges (18) is general and applies, whether it is a leading question, a point of law, a main action or an injunction order.
Moreover, where legal proceedings or any other action to collect a debt are instituted by Race Spirit Models, the summons and legal fees, fees for lawyers and bailiffs and all additional costs will be borne by the Purchaser who has not fulfilled its obligations, as well as those fees linked or resulting from the non-respect of the terms and condition of payment or delivery of the order in question by the Purchaser.