Online General Terms and Conditions of Sale – LRS Formula
These General Terms and Conditions of Sale are updated as of May 1st, 2023.
1: LEGAL INFORMATION
These General Terms and Conditions of Sale (hereinafter the "GTC") are proposed by the company LRS Formula (hereinafter the "Company"), an SARL (Limited Liability Company) with a capital of 129,500 euros, registered in the Trade and Companies Register under number 390 681 260, whose registered office is located at TECHNOPOLE DU CIRCUIT - 58470 MAGNY COURS, France. Its non-surcharged 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 publisher of the website https://www.lrs-formula.com/ (hereinafter the "Site"). The Site is hosted by Ex2. inc, reachable by email at ex2@ex2.com.
The publication director of the Site is Laurent REDON.
The Site offers the Customer (hereinafter the "Customer") a service for the online purchase of driving experiences in Formula 1, Formula Renault, sports cars, and Passenger Rides (hereinafter the "Services").
2: APPLICATION AND ENFORCEABILITY OF THE GTC
These GTC aim to define all the conditions under which the Company markets the Services as offered for sale on the Site to Customers.
They therefore apply to any order (hereinafter the "Order") for Services placed on the Site by the Customer.
The Customer declares having read and accepted these GTC before placing their Order.
The validation of the Order thus constitutes acceptance of these GTC. These are regularly updated, and the applicable GTC are those in force on the Site on the date the Order is placed.
3: ORDERING SERVICES ON THE SITE
3-A: Order
The Customer selects the Service they wish to purchase and can access a summary of their Order at any time before confirming it.
The Customer proceeds to confirm their Order after providing their billing information, the preferred date for performing the Service (unless purchasing a gift voucher allowing them to book the Service later), and finally their payment information. A clear and legible payment notification will appear on the Order confirmation screen to ensure that the Customer explicitly acknowledges their obligation to pay for the Order.
The Company will send the Customer a confirmation email in the form of a purchase invoice, summarizing the details of their Order and communicating, where applicable, the confirmed date for the performance of the Service. In the case of a gift voucher purchase, the Customer will simply receive an order confirmation email with their gift voucher. The sending of this confirmation email formalizes the contractual commitment between the Company and the Customer.
3-B: Potential Damages
To cover damages caused to the car(s) by the trainee responsible for an incident, the trainee must submit a security check to LRS FORMULA on the same day, corresponding to an excess amount of €10,000 incl. VAT for F1 Bronze and F1 Full Experience courses, €15,000 for F1 Silver courses, or €20,000 incl. VAT for F1 Gold driving courses, or €5,000 incl. VAT for Formula Renault (FR) driving courses.
If the damages are less than this sum, LRS FORMULA will send the debtor a check for the difference.
The excesses can be partially/totally bought back:
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F1 Bronze Driving: Excess of €10,000. If an additional sum of €420 is paid, the excess is reduced to €5,000.
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F1 Silver Driving: Excess of €15,000. If an additional sum of €520 is paid, the excess is reduced to €7,500.
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F1 Gold Driving: Excess of €20,000. If an additional sum of €650 is paid, the excess is reduced to €10,000.
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FR Driving: Excess of €5,000. If an additional sum of €220 is paid, the excess is reduced to €2,500.
3-C: Insurance
LRS FORMULA is insured by the company AMA - 13 boulevard miredames - 81104 CASTRESE - FRANCE 1- through a "multi-risk professional" contract subscribed with the company AXA IART under number 7102252104, including the following guarantees: * Third-party liability for the use of F1 "school" vehicles, including personal liability of vehicle users. * Professional liability as a driving school; organizer of courses on various European circuits. 2- through an "individual accident" contract subscribed with the company TOKYO MARINE under number FR008529TT covering death for an amount of €15,000 and total permanent disability for an amount of €30,000.
Consequently, the trainee waives the right to seek liability from LRS FORMULA beyond the subscribed guarantees. Each trainee undertakes to sign a document limiting the liability of the company LRS FORMULA to the guarantees mentioned above for the "individual accident" part.
3-D: Products
The Customer cannot choose the car they will drive on the day of the Service. Each program offers Formula 1 cars of different power levels; these may be modified at any time based on availability but will meet the same power criteria.
4: PRICE AND PAYMENT CONDITIONS OF THE ORDER
Prices are mentioned on the Site in the descriptions of the Services, in Euros and inclusive of all taxes (incl. VAT).
The total amount is indicated in the Order summary before the Customer accepts these GTC, validates their Order, fills in and validates their billing details, and proceeds to payment.
The Order for Services on the Site is payable in Euros. Full payment must be made on the day of the Order by the Customer, only by bank card or PayPal payment, except for specific payment conditions expressly accepted by the Customer and the Company.
The Site uses the online payment security system of PayPal and ATOS, specialized providers in online payment security. This system guarantees the Customer the total confidentiality of their banking information. The bank transaction by credit card, carried out between the Customer and the secured system, is therefore entirely encrypted and protected.
The Customer guarantees the Company that they have the necessary authorizations to use the payment method chosen when placing the Order.
The Company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum owed by the Customer to the Company, in case of a payment incident, or in case of fraud or attempted fraud related to the use of the site and the payment of an Order, or in case of misuse or abusive use of a discount code.
5: DATE OF THE SERVICE
Upon validation of the Order, and following the online reservation of a date by the Customer, the Company will contact the Customer either by email or by telephone, in order to define the organizational and realization modalities of the Services and the confirmed date and location for the performance of the Service.
If the date chosen by the Customer when placing their Order is not available, the Company will communicate another possible date to the Customer by email. If the Customer does not accept this new date proposed within six days from the date the email was sent by the Company, the Order will be automatically cancelled.
The Customer acknowledges that any Service ordered in the form of a gift voucher has a validity limit as stipulated at the time of purchase. It is also expressly recalled that the closure of a circuit where the ordered Service is to be performed cannot challenge the expiration of the Service. The Customer is therefore advised to carefully check the opening dates of the circuit performing the Services when ordering a Service to offer to a third party.
Any Service date confirmed by the Customer is firm. The Company reserves the right, however, to modify, postpone, or cancel the scheduled date of the Service at any time and up to the day before the planned date due to technical hazards and weather conditions, variable circuit openings/closures, authorizations, or any event beyond the Company's reasonable control. In such a situation, the only compensation allowed is the possibility of postponing the confirmed Service to another date.
The refusal of a Service, the delay or absence of the Customer on the confirmed date or following an alternative date proposed by the Company, or the invocation of any reason whatsoever resulting in compromising the Service on the said day and date, shall not give rise to any refund and will result in the loss of the total Order amount.
The Customer also undertakes to inform the Company of any change that may occur between the Order and the performance of the Services.
6: RIGHT OF WITHDRAWAL
In accordance with article L.221-28 of the Consumer Code, the Customer acknowledges that the legal right of withdrawal does not apply from the confirmation of the Service date by the Company, as it then concerns a leisure activity to be provided on a specific date and not benefiting from the right of withdrawal.
In case of a simple purchase of a gift voucher without a confirmed date for the Service, the Customer has a period of 14 clear days from the validation of their Order to exercise their right of withdrawal with the Company, without having to provide reasons or pay any penalty.
To exercise their right of withdrawal from the Order, the Customer must notify their decision to withdraw by means of an unambiguous statement, without providing reasons. The Customer may communicate their decision to withdraw to the Company by any means, particularly by sending it by mail to the Company at the following address: L R S FORMULA, TECHNOPOLE DU CIRCUIT 58470 MAGNY COURS, France, or by email to contact@lrs-formula.com.
The Customer may also use the withdrawal form reproduced at the end of these GTC. Once completed, the withdrawal form, which serves as a notice of withdrawal, can be sent to the Company by the same means mentioned above.
In case of notification to the Company by the Customer of their decision to withdraw, regardless of the method used, the Company will promptly send the Customer an acknowledgement of receipt of the withdrawal on a durable medium (e.g., by email).
In case of Customer withdrawal, the refund for the Service that was subject to the right of withdrawal will be made by the Company using the same means of payment as that used for the initial transaction, unless the Customer expressly agrees to a different means. The refund will be made as soon as possible, and at the latest 14 days from the day the Company is informed of the Customer's decision to withdraw from their Order.
7: CUSTOMER SERVICE
For any requests for information, clarification, or any complaint, the Customer must contact the Company's Customer Service primarily, to allow the latter to attempt to find a solution to the problem.
The Company's Customer Service is accessible using the following contact details:
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Telephone (non-surcharged) +33 (0)3 86 58 54 54
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Email: contact@lrs-formula.com
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Mail: L R S FORMULA, TECHNOPOLE DU CIRCUIT 58470 MAGNY COURS, France
8: CUSTOMER OBLIGATIONS
8.1. Customer Obligations regarding the performance of the Services
The Customer is informed that the conditions required to participate in the Services are:
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Maximum height: 1.88m
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Maximum weight: 100Kg
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Maximum shoe size: 44
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Minimum required age: 18 years for Formula Renault and 25 years for Formula 1.
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A valid driving license is mandatory.
In case of non-compliance with the above, no refund of the Order will be authorized if the Service cannot be performed.
The Customer undertakes to behave in accordance with the Company's instructions during the performance of the Services. It is recalled in this respect that the proposed Services are subject to constraints inherent in Formula 1 activities (weight constraints – technical constraints – regulatory constraints – organizational constraints – physical fitness constraints). In this regard, the Company reserves the right to accept or refuse any person it deems unsuitable for the Services.
The Customer must be in good physical and mental health, and not suffer from an infection or illness contra-indicated to the performance of the Services, not have recently had an accident, not be undergoing medical treatment, not suffer from problems with the lower limbs, spine, heart, ENT, loss of consciousness, epilepsy, and not be pregnant. The Company reserves the right to require the provision of a medical certificate in this regard, which is in any case recommended.
To cover the costs incurred by the Company, in case of a request to postpone the date (subject to acceptance by the LRS Formula company) or cancellation of a Service for medical reasons (for which a medical certificate must be obligatorily provided), a handling fee of €500 will be invoiced to the trainee.
The Customer or the third party for whom the Customer placed the Order is also required to call the Company the day before to ensure good weather conditions for the performance of the Service.
8.2. General and contractual obligations of the Customer
The Customer undertakes to comply with the terms of these GTC.
The Customer agrees that they will use the Site only for their personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:
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Using the Site in any illegal manner, for any illegal purpose, or in any manner incompatible with these GTC.
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Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content appearing on the Site, or de-compiling, extracting, disassembling, modifying, displaying in a format legible by the Customer, attempting to discover any source code, or using any software activating or including all or part of the Site.
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Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, diminishes the quality, interferes with the performance, or impairs the functionality of the Site.
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Using the Site for abusive purposes by intentionally introducing viruses or any other malicious program and attempting to gain unauthorized access to the Site.
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Infringing the intellectual property rights of the Company and/or reselling or attempting to resell the Services to third parties.
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Denigrating the Site and/or the Services as well as the Company on social networks and any other means of communication.
If, for any reason, the Company considers that the Customer does not comply with these GTC, the Company may at any time, and at its sole discretion, delete their access to the Site and take all measures including any civil and criminal legal action against them.
9: LIABILITY
The Company implements all appropriate measures to ensure the Customer receives the provision of quality Services under optimal conditions. However, it cannot under any circumstances be held liable for any damage attributable either to the Customer (particularly in case of non-compliance with these GTC or instructions given by the Company), or to the unforeseeable and insurmountable act of a third party unrelated to the contract, or to a case of force majeure.
It is recalled in this regard that the Services offered are subject to constraints inherent in Formula 1 activities (weight constraints – technical constraints – regulatory constraints – organizational constraints – physical fitness constraints). Consequently, the foreseeable day and time of the Service, and any variable and/or random criterion related to the practice are necessarily indicative only, for which the Company assumes no guarantee or liability.
The Customer is also informed that the Services offered on the website constitute high-risk sports activities likely to cause severe physical or cerebral lesions that could result in bodily harm or even the death of the participant.
The Site may contain links to other sites not published or controlled by the Company, which cannot be held responsible for the operation, content, or any element present or obtained through these sites.
It is expressly stipulated that the Company cannot in any case be held responsible, in any manner whatsoever, if the Customer's computer equipment or electronic mailbox rejects, for example due to anti-spam, the emails sent by the Company.
Before any use of the Site, the Customer must ensure that they have the technical and IT means allowing them to use the Site and Order the Services of the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the IT configuration of their hardware/equipment is in good condition and does not contain viruses.
10: PERSONAL DATA
The Company attaches great importance to respecting privacy and takes all necessary measures to ensure the confidentiality and security of Customers' personal data.
As part of the provision of the Services, the Company collects personal data from Customers, including the following data:
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Email address
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First name
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Last name
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Phone number
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Home address
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Date of birth...
The Company collects and processes Customers' personal data for the following purposes:
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Provision of the Services and services on the Site
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Management of Orders
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Management of returns, exercise of the right of withdrawal, payment, invoicing...
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Information on the Company, the services, and the Company's activities
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Response to any questions/complaints from Customers
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Management of requests for rights of access, rectification, and opposition
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Quality Monitoring Customer Satisfaction
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Promotional offers
Data relating to the management of Customers' personal data are kept for the strictly necessary duration as defined by the French Data Protection Act (Loi Informatique et Libertés) as amended.
Customers' personal data are processed by the Company as well as by the Company's partner companies and subcontractors. They may, where applicable, be transmitted to partner companies after being anonymized, making it impossible to identify the Customer by a partner company.
The Company may also communicate personal data to cooperate with administrative and judicial authorities.
The Company ensures the security of Customers' personal data in an adequate and appropriate manner and has taken useful precautions to preserve the security and confidentiality of the data and notably prevent them from being distorted, damaged, or communicated to unauthorized persons.
Finally, in accordance with the French Data Protection Act of January 6, 1978, Customers have a right of access, rectification, deletion, as well as a right to object for legitimate reasons to the processing of their data collected and processed by the Company, by directly contacting the Company at the following email address: contact@lrs-formula.com.
11: COOKIES AND STATISTICAL TOOLS
As part of the use of the Site by Users, the Company may use cookies. This information is used to improve the use and functioning of the Site as well as the Company's other services.
Thus, indirectly collected information may be used to track the volume, type, and configuration of traffic using this Site, to develop its design and layout, and for other administrative and planning purposes, and more generally to improve the service offered on the Site.
Cookies also allow the collection and analysis of statistics such as the number of visits, unique visitors, pages viewed, or to produce other aggregate statistics on the Site's activities.
An alert message asks each person visiting the Site, beforehand, whether they wish to accept cookies.
The User can disable cookies by modifying their browser settings. It is recalled to the User that the settings may modify the access conditions to contents and services requiring the use of cookies. If the User's browser is configured to refuse all cookies, they may not be able to benefit from some of the services offered by the Company on the Site.
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For Internet Explorer™: http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies;
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For Safari™: http://support.apple.com/kb/ht1677?viewlocale=fr_FR;
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For Chrome™: https://support.google.com/chrome/answer/95647?hl=fr;
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For Firefox™: https://support.mozilla.org/fr/kb/activer-desactiver-cookies;
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For Opera™: http://help.opera.com/Windows/10.20/fr/cookies.html.
To disable Google Analytics, go to the Google Deactivation page and install the browser add-on at: https://tools.google.com/dlpage/gaoptout?hl=fr.
Instructions for deleting cookies from other browsers are available at http://www.allaboutcookies.org/manage-cookies/.
12: INTELLECTUAL PROPERTY
All elements of this Site and the Site itself are protected by copyright, trademark law, design law, and/or all other intellectual property rights. These elements are the exclusive property of the Company. All of these rights are reserved worldwide.
The name and brand of the Company, logos, designs and models, stylized letters, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the Company.
The Company also retains all intellectual property rights associated with the photographs and videos it may take during the performance of the Services and reserves the right to re-exploit them on any medium, particularly for promotional purposes. During the Service, the Customer must obligatorily sign an authorization for the exploitation of their image rights.
No title or right whatsoever over any element or software will be obtained by downloading or copying elements from this Site. The Customer is strictly prohibited from reproducing (except for personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, nor modifying them or performing any work based on them, nor selling or participating in any sale related to this Site, the elements of this Site, or any software related thereto.
The Company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may not under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of the use of the Site.
Any use by the Customer of the corporate names, trademarks, and distinctive signs belonging to the Company is strictly prohibited except in the case of express and prior agreement from the Company.
13: NEWSLETTER
By checking the box provided for this purpose or by expressly giving their consent for this purpose, the Customer accepts that the Company may send them, at a frequency and in a form determined by the Customer, a newsletter that may contain information relating to its activity.
When the Customer checks the box provided for this purpose in the Site registration process to place the Order, they agree to receive commercial offers from the Company for Services similar to those ordered.
Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.
14: APPLICABLE LAW AND JURISDICTION
These GTC are governed by and interpreted in accordance with French law, without regard to conflict of law principles.
In the event of a dispute likely to arise during the interpretation and/or execution of these GTC or in connection with these GTC, the Customer may decide to submit the dispute with the Company to a conventional mediation procedure or any other alternative dispute resolution method.
The Customer may visit the European consumer dispute resolution platform set up by the European Commission at the following address and listing all accredited dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.
In case of failure of this mediation procedure or if the Customer wishes to refer the matter to a jurisdiction, the rules of the French Code of Civil Procedure will apply.