General Terms and Conditions of Online Sale – LRS Formula

 

These terms and conditions of sale are current as at 1 May 2017

 

  1. LEGAL NOTICES

 

These General Terms and Conditions of Sale (hereinafter “GTCs”) are proposed by the company LRS Formula (hereinafter the “Company”), a limited company (SARL) with a share capital of 129,500.00 euros, registered in the Trade and Companies Register under no. 390 681 260 and whose registered office is located at TECHNOPOLE DU CIRCUIT - 58470 MAGNY COURS, France. Its standard-rate telephone number is +33 (0)3 86 58 54 54, its email address is contact@lrs-formula.com, and its individual intra-Community VAT identification number is FR67390681260.

 

The company is the owner and editor of the website https://www.lrs-formula.com/ (hereinafter the “Website”). The Website is hosted by Ex2. Inc, which can be contacted by email at ex2@ex2.com.

 

The Director of Publication of the Website is Laurent Redon.

 

The Website offers the Customer (hereinafter the “Customer”) a service for accessing online sales of Formula 1, Formula Renault, and sports car driving experiences and passenger discovery packs (hereinafter the “Services”).

 

  1. VALIDITY AND ENFORCEABILITY OF THE GTCs

 

The aim of these GTCs is to set all the conditions under which the Company markets the Services, as offered for sale on the Website to Customers.

 

They therefore apply to any order (hereinafter “Order”) of Services placed on the Website by the Customer.

 

The Customer acknowledges to have read and accepted these GTCs before placing their order.

 

Confirming the Order will therefore be understood as accepting these GTCs, which are regularly updated. The applicable GTCs are those in force on the Website on the date the Order is placed.

 

  1. ORDER OF SERVICES ON THE WEBSITE

 3-A: Order

The Customer selects the Service they wish to buy and may access the Order summary at any moment before confirming it.

 

The Customer confirms the Order after providing their billing details, the preferred date of fulfilment of the Service (except in cases where a gift voucher allows them to book the Service later), and finally their payment details. A clear and legible payment notification will be displayed on the Order confirmation screen to ensure that the Customer explicitly recognises their obligation to pay for the Order.

 

The Company will send the Customer a confirmation email in the form of a purchase invoice that includes all the details of the Order summary and indicates, where appropriate, the date confirmed for the fulfilment of the Service. In cases where the Customer has purchased a gift voucher, they will simply receive an email order confirmation with the gift voucher. Sending this confirmation email represents the formal contractual commitment between the Company and the Customer.

 

 3-B: Potential damage

To cover any damage caused to the car(s) by the driver responsible for an accident, on the same day the latter shall send LRS Formula a deposit with an excess of €4,000 including all taxes (for F1 driving experiences) or €2,000 including all taxes (for FR and GT driving experiences). If the damage is below this amount, LRS Formula will send the debtor a cheque for an amount corresponding to the difference.

Excesses may be repurchased partially/fully.

F1 driving experience: €4,000 excess. If an additional sum of €190 is paid, the excess will be reduced to €1,000.

FR driving experience: €2,000 excess. If an additional sum of €100 is paid, the excess will be reduced to €500.

GT driving experience: €2,000 excess. If an additional sum of €50 is paid, there will be no excess to pay.

 

 3-C: Insurance

LRS Formula is insured with Cie A.C.L. 59 rue de l’Abondance in Lyon by means of a professional comprehensive insurance policy, including the following guarantees:

Indemnity insurance for F1 vehicle driving “school”, including personal indemnity insurance for the vehicle users; professional indemnity insurance as a driving school; indemnity insurance as a driving experience organiser on various European circuits; personal accident insurance for the drivers of the vehicles insured (guaranteed lump sum: €15,245 in the event of death, €15,245 in the event of permanent disability with a percentage excess of 10%). As a result, the driver waives the right to hold the company LRS Formula liable beyond the guarantees provided. Every driver shall sign a document limiting the liability of the company LRS Formula to the abovementioned guarantees for the part “personal accident insurance”.

 

 

  1. ORDER PAYMENT PRICES AND TERMS

 

Prices are indicated on the Website in the descriptions of the Services, in euros and including all taxes.

 

The total amount is indicated in the Order summary before the Customer accepts these GTCs, confirms their Order, provides and confirms their payment details, and proceeds to payment.

 

Service Orders placed on the Website must be paid in euros. The entire payment must be made on the day the Customer places the Order, by bank card of PayPal only, unless the Customer and the Company expressly agree on special payment terms and conditions.

 

The Website uses PayPal’s secure online payment system as well as Atos, a service provider specialised in securing online payments. This system guarantees the Customer complete confidentiality of their bank details. The bank transaction by debit card, made between the Customer and the secure system, is therefore fully encrypted and protected.

 

The Customer guarantees the Company that they have the necessary authorisations to use the payment method chosen when placing the Order.

 

The Company reserves the right to suspend or cancel the fulfilment and/or delivery of any Order, regardless of its nature or level of fulfilment, in the event of non-payment or partial payment of any amount due by the Customer to the Company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Website and to the payment of an Order, or in the event of misuse of a discount code.

 

  1. SERVICE FULFILMENT DATE

 

Once the Order is confirmed and after the Customer has booked a date online, the Company will contact the Customer by email or phone to make arrangements relating to the organisation and fulfilment of Services and confirm the date and place of providing the Service.

 

If the date chosen by the Customer when placing the Order is not available, the Company will offer the Customer an alternative date by email. If the Customer does not accept this new offered date within six days from the day the Company sends the email, the Order will be cancelled automatically.

 

The Customer acknowledges that any Service ordered in the form of a gift voucher has an expiry date as stipulated at the time of the purchase. Moreover, it is expressly noted that the closure of a circuit where the Service ordered is to be fulfilled does not affect the expiry date of the Service. The Customer is asked to verify the opening dates of the circuit where the Service will be fulfilled when ordering a Service as a gift for a third party.

 

Any Service fulfilment date confirmed by the Customer is definite. Nevertheless, the Company reserves the right to modify, reschedule, or cancel the date the Service will be fulfilled at any time and until the day before the intended date depending on technical risks and weather, variable closing/opening times of circuits, authorisations, or any event beyond the Company’s reasonable control. In such situations, the only compensation allowed is the possibility to reschedule the confirmed Service to another date.

 

A Customer’s refusal of a Service, late arrival, or no-show on the confirmed date or following an alternative date offered by the Company, or the provision of any reason that would compromise the Service on the day and date agreed will not give rise to a refund and will result in the loss of the total amount of the Order.

 

Moreover, the Customer shall inform the Company of any change that could take place between the Order being placed and the fulfilment of the Services.

 

  1. RIGHT OF WITHDRAWAL

 

In accordance with Article L.221-28 of the French Consumer Code, the Customer acknowledges that the legal right of withdrawal will not apply from the moment the Company confirms the Service date on account of the Service relating to a leisure activity that must be provided at a set date and that is not subject to the right of withdrawal.

 

In the event of a simple purchase of a gift voucher without a confirmed Service fulfilment date, the Customer will have 14 days from the time the Order is confirmed to exercise their right of withdrawal from the Company without having to provide reasons or pay a penalty.

 

To exercise their right of withdrawal of the Order, the Customer must notify of their decision to withdraw by means of a clearly worded statement, without having to justify reasons. The Customer may inform the Company of their decision by any means, including by sending the Company a letter to the following address: L R S FORMULA, TECHNOPOLE DU CIRCUIT 58470 MAGNY COURS, France, or an email to contact@lrs-formula.com.

 

The Customer may also use the withdrawal form that can be found at the end of these GTCs. Once it has been filled in, the withdrawal form, which serves as a withdrawal decision, may be sent to the Company using the abovementioned means.

 

If the Customer notifies the Company of their decision to withdraw, regardless of the method used, the Company shall immediately send them an acknowledgement of receipt of the withdrawal on a durable medium (including email).

 

If the Customer withdraws, the Company shall refund the Service subject to the right of withdrawal by means of the same payment method used at the time of the initial transaction, unless the Customer expressly agrees to a different method. The refund shall be processed in a timely manner and at the latest within 14 days of when the Customer informs the Company of their decision to withdraw their Order.

 

  1. CUSTOMER SERVICE

 

To request information or details or file a complaint, the Customer should first contact the Company’s Customer Service team to allow the latter to try to find a solution to the problem.

 

The Company’s Customer Service team can be reached in the following ways:

 

 

 

-        Telephone (standard rate): +33 (0)3 86 58 54 54

-        Email: contact@lrs-formula.com

-        Post: L R S FORMULA, TECHNOPOLE DU CIRCUIT 58470 MAGNY COURS, France

 

 

 

  1. CUSTOMER OBLIGATIONS

 

8.1.  The Customer’s obligations regarding the fulfilment of the Services

 

The Customer is advised that the maximum weight authorised to participate in the Services is 104 kg and that the required minimum age is 18 years old with the written agreement of the parents. In the event of breach of the aforementioned provisions, no refund of the Order will be authorised if the Service is not fulfilled.

 

The Customer shall behave in accordance with the Company’s instructions during the fulfilment of the Services. In this respect, it is recalled that the Services offered are subject to constraints inherent in Formula 1 activities (weight constraints – technical constraints – regulatory constraints – organisational constraints – physical fitness constraints). In this regard, the Company reserves the right to accept or refuse any person it deems unsuited for the Services.

 

The Customer must be in good physical and mental health and must not: suffer from an infection or illness contraindicated for taking part in the Services; have recently suffered an accident; be undergoing medical treatment; suffer from problems with lower limbs, spine, heart, or ENT; suffer from losses of consciousness or epilepsy; be pregnant. The Company reserves the right to demand a medical certificate in this respect, which in any event is recommended.

 

Moreover, the Customer or the third party for which the Customer has placed the Order is asked to call the Company the day before to ensure that weather conditions allow for the fulfilment of the Service.

 

8.2.  Customer’s general and contractual obligations

 

The Customer shall comply with the terms of these GTCs.

 

The Customer agrees to use the Website for personal use only, in accordance with these GTCs. In this respect, the Customer agrees to refrain from:

 

-       Using the Website in any way that is illegal, for any illegal purposes, or in any way that is incompatible with these GTCs.

-       Selling, copying, reproducing, renting, borrowing, distributing, transferring, or licensing all or part of the content of the Website, or decompiling, extracting, disassembling, modifying, displaying in a legible way by the Customer, attempting to discover any source code or using any software that activates or comprises all or part of the Website.

-       Attempting to obtain unauthorised access to the Website’s computer system or engaging in any activity that disrupts, reduces the quality, interferes with the performance, or adversely affects the Website’s functionalities.

-       Using the Website for malicious purposes by voluntarily introducing viruses or any other malware and attempting to access the Website without authorisation.

-       Infringing the Company’s intellectual property rights and/or reselling or attempting to resell the Services to third parties.

-       Disparaging the Website and/or the Services as well as the Company on social media and by any other means of communication.

 

If, for whatever reason, the Company believes that the Customer is not complying with these GTCs, the Company may, at any moment and at its own discretion, withdraw the Customer’s access to the Website and take any measures, including any civil and criminal legal action against them.

 

  1. LIABILITY

 

The Company shall take all the necessary measures to guarantee that the Customer receives, in the best possible conditions, high-quality Services. However, it cannot in any case be held liable for any damage attributable either to the Customer, particularly in the event of non-compliance with these GTCs or instructions given by the Company, or to an unforeseeable and unavoidable action of a third party not involved in the agreement, or to a case of force majeure.

 

In this respect, it is recalled that the Services offered are subject to constraints inherent in Formula 1 activities (weight constraints – technical constraints – regulatory constraints – organisational constraints – physical fitness constraints). As such, the expected date and time of the fulfilment of the Service, and any variable and/or uncertain criteria relating to the activity, are indicative only and the Company assumes no guarantee or liability.

 

The Customer is also informed that the Services offered on the Website are high-risk sports likely to cause serious physical or brain injuries that may result in bodily injuries or even the participant’s death.

 

The Website may contain links to other websites that are neither edited nor monitored by the Company, which cannot be held liable for the functioning, content, or any other element currently on these websites or obtained through them.

 

It is expressly stipulated that the Company cannot in any case be held reliable, in any way whatsoever, for any cases where the Customer’s electronic equipment or email rejects, for example due to a spam filter, emails sent by the Company.

 

Before using the Website in any way, the Customer must ensure that they have the technical and IT resources that allow for using the Website and ordering Services on the Website, and that their browser allows them to access the Website safely. The Customer must also ensure that the computer configuration of their equipment is in good condition and does not contain any viruses.

 

  1. PERSONAL DATA

 

The Company attaches great importance to privacy and takes all the necessary measures to ensure the privacy and security of Customers’ personal data.

 

As part of providing the Services, the Company collects Customers’ personal data, including:

 

- Email address

- Name

- Surname

- Telephone number

- Home address

- Date of birth, etc.

 

The Company collects and processes Customers’ personal data for the following purposes:

 

-       Provision of Services and Website services; 

-       Processing orders

-       Processing returns, exercises of the right of withdrawal, payments, invoices, etc.

-       Information on the Company and its services and activities

-       Answering potential questions/complaints from Customers

-       Processing requests to exercise the right to access, rectify, and object to personal information

-       Customer satisfaction surveys

-       Promotional offers

 

Data relating to the processing of Customers’ personal data shall be stored for only as long as is absolutely necessary, as defined by the French Data Protection Act (Loi Informatique et Libertés) as amended.

 

Customer’s personal data will be processed by the Company as well as by the Company’s partners and subcontractors. Where necessary, the data may be sent to partners after they have been anonymised, making it impossible for partners to identify the Customer.

 

The Company may also share personal data to cooperate with administrative and judicial authorities.

 

The Company shall take care to secure Customers’ personal data in an adequate and appropriate manner and shall take all useful precautions to safeguard the security and privacy of the data, and particularly to prevent them from being distorted, damaged, or shared with unauthorised persons.

 

Lastly, in accordance with the French Data Protection Act of 6 January 1978, Customers have the right to access, rectify, remove, and object to, for legitimate reasons, the processing of their personal data collected and processed by the Company by contacting the Company directly at the following email address: contact@lrs-formula.com.

 

  1. COOKIES AND STATISTCAL TOOLS

 

As part of Users using the Website, the Company is likely to use cookies. This information helps improve the use and functioning of the Website as well as other services offered by the Company.

 

As such, information collected indirectly may be used to monitor the volume, type, and configuration of Website traffic to develop the design and layout as well as for other administrative and planning purposes, and more generally to improve the service offered on the Website.

 

Cookies also make it possible to collect and analyse statistics, such as the number of visits, unique visitors, and pages seen, or to generate other overall statistics about the Website’s activities.

 

An alert message first asks every person visiting the Website if they wish to accept cookies.

 

The User may disactivate cookies by changing their browser settings. The User is reminded that settings are likely to change the conditions for accessing the content and services that require the use of cookies. If the User’s browser is set up to block all cookies, they may not be able to take advantage of some of the services offered by the Company on the Website.

 

For Internet Explorer™: http://windows.microsoft.com/en-GB/windows-vista/Block-or-allow-cookies;

For Safari™: http://support.apple.com/kb/ht1677?viewlocale=en_GB;

For Chrome™: https://support.google.com/chrome/answer/95647?hl=en;

For Firefox™: https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences

For Opera™: http://help.opera.com/Windows/10.20/en/cookies.html.

 

To disactivate Google Analytics, access the Google Deactivation page and install the opt-out browser add-on at the following address: https://tools.google.com/dlpage/gaoptout?hl=en.

 

Instructions on how to delete cookies in other browsers are available at http://www.allaboutcookies.org/manage-cookies/.

 

  1. INTELLECTUAL PROPERTY

 

All the elements of this Website and the Website itself are protected by laws relating to copyright, trademark and designs, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All these rights are reserved for the whole world.

 

The name and trademark of the Company, the logos, designs, stylised letters, figurative marks, and all the symbols used on this Website are and will remain the exclusive property of the Company.

 

The Company also retains all the intellectual property rights associated with the photographs and videos it may take while providing the Services and it reserves the right to re-use them on any medium, particularly for promotional purposes. When the Service takes place, the Customer shall be required to sign an authorisation for the use of their image rights.

 

The download or copy of elements on this Website will not result in obtaining any title or right to any elements or software. The Customer is strictly prohibited from reproducing (apart from for personal and non-commercial use), publishing, editing, sending, distributing, showing, removing, deleting, or adding to this Website and to the elements and software it contains, modifying them or performing any work taking them as a base, or selling or participating in any sale relating to this Website, the elements of this Website, or any software associated with it.

 

The Company shall grant the Customer a non-exclusive license to use the Website. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party. The license is granted for the duration of the use of the Website.

 

The Customer is strictly prohibited from using the company names, trademarks, and distinctive marks belonging to the Company without the Company’s prior express consent.

 

  1. NEWSLETTER

 

By checking the relevant box or by giving their express agreement to this end, the Customer accepts that the Company may send them, at a frequency and in a form set by the Customer, a newsletter that may contain information on the Company’s activities.

 

When the Customer checks the relevant box during the process of registering on the Website to place the Order, they accept to receive commercial offers from the Company for Services similar to those ordered.

 

Subscribed members will be able to unsubscribe from the newsletter by clicking on the relevant link included in every newsletter.

 

  1. APPLICABLE LAW AND JURISDICTION

 

These GTCs shall be governed and interpreted in accordance with French law, without regard to conflict of law principles.

 

In the event of a dispute that may arise when interpreting and/or enforcing these terms and conditions or relating to these GTCs, the Customer may decide to resolve the dispute with the Company in a conventional mediation procedure or any other alternative dispute resolution method.

 

The Customer may visit the online consumer dispute resolution platform set up by the European Commission, which can be found at the following address and which lists all the dispute resolution institutions recognised in France: https://webgate.ec.europa.eu/odr/.

 

If this mediation procedure fails or if the Customer wishes to bring the case in front of a court, the rules of the French Code of Civil Protection shall apply.