GENERAL TERMS AND CONDITIONS OF SALE
ARTICLE 1 : Object
The general conditions of sale described below detail the rights and obligations of the company Racer and its customer within the framework of the sale of the following goods: gloves, protections.
Any service carried out by the company Racer thus implies the adhesion without reserve of the purchaser to the present general conditions of sale.
ARTICLE 2 : Price
The prices of the sold goods are those in force at the day of the order taking. They are denominated in euros and calculated net of tax. Consequently, they will be increased by the rate of VAT and transport costs applicable on the day of the order.
The company Racer grants itself the right to modify its tariffs at any time. However, it is committed to invoice the ordered goods at the prices indicated at the time of the recording of the order.
ARTICLE 3 : Discounts and rebates
The proposed tariffs include the discounts and rebates which the company Racer would be brought to grant taking into account its results or the assumption of responsibility by the purchaser of certain services.
ARTICLE 4 : Discount
No discount will be granted in the event of anticipated payment.
ARTICLE 5 : Terms of payment
The payment of the orders is carried out :
either by credit card;
or by bank transfer.
The total amount is paid at the time of the order.
ARTICLE 6 : Clause of property reserve
The company Racer preserves the property of the goods sold until the integral payment of the price. For this reason, if the purchaser is the subject of a recovery or a legal liquidation, the company Racer reserves the right to claim, within the framework of the collective procedure, the sold goods and remained unpaid.
ARTICLE 7 : Delivery
The delivery is carried out by the direct handing-over of the goods to the purchaser.
The availability of the stock indicated at the time of the registration of the order is given only as an indication and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products will not give rise to the benefit of the purchaser to :
the cancellation of the order.
the allocation of damages;
The transport risk is borne entirely by the buyer.
In case of missing or damaged goods during transport, the buyer must formulate all necessary reserves on the form https://sav.racer1927.com/sav/etape1 upon receipt of the said goods. These reservations must be confirmed in writing within five days of delivery, by registered mail.
In case of refusal of the delivery on your part, the expenses of delivery could not be refunded to you.
ARTICLE 8 : Force majeure
The responsibility for the company Racer could not be implemented if the non-execution or the delay in the execution of one of its obligations described in the present general conditions of sale results from a case of absolute necessity. In this respect, force majeure means any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
ARTICLE 9 : Returns
PROCEDURE FOR RETURNING A NEW PRODUCT
In accordance with the article L.121-21 of the French Code of the Consumption, you have a 15 days deadline as from the day of the reception of your order to exercise your right of retractation. The company Racer extends this period to 30 days.
1. To guarantee a return in conformity with the order, you commit yourself to :
- Return the items in their original and complete condition, with all original labels attached, in packaging that guarantees their integrity during shipment.
- Enclose the completed and signed product return form with the order
- Return the item to the address indicated below:
RN113, Rue du Languedoc
11200 LEZIGNAN CORBIERES
Returns outside France:
For your product returns, when you are outside the EU, please mention on your document a value of 0€ (because it is a return).
On the other hand, we do not cover the shipping costs outside France. You must send us your product at your expense to the address:
40 rue du Languedoc
11200 Lezignan Corbieres
NB: if you send your return with the shipping costs and taxes due, we will not be able to accept them.
2. All the returns products not being the subject of complaint, will undergo a systematic discount of 10%. Depending on the condition of the returned products, the discount may go up to 50% or the return refused.
For products in perfect condition, but which would require an intervention to put back on the shelf such as "customer price tag to be removed, anti-theft device to be removed,..." a discount of up to 5€/product could be retained.
In accordance with Article L121-21-4 of the French Consumer Code "When the right of withdrawal is exercised, the professional is
to reimburse the consumer for all sums paid, including delivery costs, without undue delay and at the latest within fourteen days from the date of
at the latest within fourteen days from the date on which he is informed of the consumer's decision to withdraw."
In case of proven mishandling of the product upon its return, we reserve the right to refuse any refund.
Orders paid by credit card will be refunded automatically, for all other orders you will receive a check.
PROCEDURE FOR RETURNING A DEFECTIVE PRODUCT
If you notice that your product is defective, a return to our services is possible. In case of degradation or if we do not notice any failure, the return and forwarding expenses will be at your charge.
For this case:
- Fill in the return form and indicate precisely the problem encountered in the box provided for this purpose, so that our after-sales service can process your request as soon as possible.
- Return the items in their original condition and complete, in a packaging that guarantees their integrity during their routing
- Return the article with the ﬁche return product to the address indicated below:
1 Rue de la Forge,
Colissimo Domicile - with signature
Once the parcel is prepared by us, it will be delivered to you within 48 hours and signed for. If you are absent, a notice of passage will be deposited allowing you to choose on Internet a new date of delivery within 6 working days or to recover your parcel as of the following day 15h in the post office of your choice.
If you do not choose a delivery date, you will be able to pick up your parcel at your local post office within 15 days.
Follow at any time the routing of your package on www.laposte.fr
SHIPPING ADDRESS :
1, Rue de la Forge
If the repair of the product is impossible, Racer will reimburse the repair costs and the costs of returning the product.
You can contact us through our CONTACT page or through our Facebook page, managed by our customer service. We use the site to promote and provide information about RACER® products, as well as RACER® stores and promotional initiatives.
PERSONAL INFORMATION RELATED TO YOUR RACER® ACCOUNT
RACER PROPERTY RIGHTS
The information on this Site, as well as any material contained therein, is the copyrighted work of RACER® ALL RIGHTS RESERVED. Individual pages or materials may contain different proprietary rights.
All names and trademarks on this site are registered trademarks of RACER® or its affiliated organizations. Except as expressly provided in this section (or specific permission granted to you in writing) neither RACER Inc. nor its affiliate RACER® or any of its suppliers grant any express or implied right to anyone with respect to any patent, copyright, trademark or trade secret information.
ALL RIGHTS RESERVED.
By submitting any UGC to the Site, you represent that you have the right to do so and that you have obtained all appropriate permissions from relevant third parties (e.g., intellectual property rights holders or persons). Such content will be considered non-confidential and non-proprietary. RACER® therefore requests that you do not send us, through the Site, any content, material or information that you do not wish to be subject to these terms and conditions.
General conditions of use of the racer1927.com site
ARTICLE 1 : Purpose
The purpose of the present "general conditions of use" is to provide a legal framework for the terms and conditions for making the services of the racer1927.com site available and for their use by the "User".
The general conditions of use must be accepted by any User wishing to access the site. They constitute the contract between the site and the User. Access to the site by the User signifies acceptance of these terms and conditions of use.
In case of non-acceptance of the general conditions of use stipulated in the present contract, the User must renounce access to the services offered by the site.
racer1927.com reserves the right to unilaterally modify the content of the present general conditions of use at any time.
ARTICLE 2 : Legal mentions
The publishing of the racer1927.com site is ensured by the RACER® SAS Company whose head office is located at 1 Rue de la Forge, 13300 Salon-de-Provence.
RACER® is a company of the UPPERSIDE group whose head office is located at 305 Allées de Craponne, 13300 Salon-de-Provence.
ARTICLE 3: Definitions
The present clause aims at defining the various essential terms of the contract:
User: this term refers to any person who uses the site or one of the services offered by the site.
User content: this is the data transmitted by the User within the site.
Member: the User becomes a member when he is identified on the site.
User ID and password: this is all the information required to identify a User on the site. The identifier and the password allow the User to access services reserved to the members of the site. The password is confidential.
ARTICLE 4 : access to services
The site is accessible free of charge in any place to any User having an access to Internet. All costs incurred by the User to access the service (computer hardware, software, Internet connection, etc.) are at his expense.
Depending on the case:
The non-member User does not have access to the services reserved for members. To do so, he/she must identify himself/herself with his/her login and password.
The site implements all the means at its disposal to ensure a quality access to its services. The obligation being of means, the site does not commit itself to reach this result.
Any event due to a case of force majeure resulting in a malfunction of the network or server does not engage the responsibility of Racer.
Access to the site's services may be interrupted, suspended or modified at any time without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
The User has the possibility of contacting the site by e-mail at [email protected]
ARTICLE 5 : Intellectual property
The brands, logos, signs and any other content of the site are protected by the Code of intellectual property and more particularly by the copyright.
The User requests prior authorization from the site for any reproduction, publication or copy of the various contents.
The User undertakes to use the contents of the site in a strictly private context. Any use of the contents for commercial purposes is strictly forbidden.
Any content put online by the User is his sole responsibility. The User undertakes not to put online any content that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.
The User's content can be removed or modified by the site at any time and for any reason. The User shall not receive any justification and notification prior to the deletion or modification of User Content.
The information requested when registering on the site is necessary and mandatory for the creation of the User's account. In particular, the e-mail address may be used by the site for the administration, management and animation of the service.
The site ensures the User a collection and processing of personal information in compliance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedom.
In accordance with articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete and oppose his personal data. The User exercises this right via :
his personal space ;
a contact form.
ARTICLE 7 : Responsibility and force majeure
The sources of the information published on the site are considered reliable. However, the site reserves the right not to guarantee the reliability of the sources. The information given on the site is for information purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this site.
The User is responsible for keeping his/her password secret. Any disclosure of the password, in any form, is prohibited.
The User assumes all risks related to the use of his/her login and password. The site declines all responsibility.
Any use of the service by the User that directly or indirectly results in damage must be compensated by the site.
An optimal guarantee of the security and confidentiality of the transmitted data is not guaranteed by the site. However, the site undertakes to implement all necessary means to best ensure the security and confidentiality of data.
The responsibility of the site cannot be engaged in case of force majeure or unforeseeable and insurmountable fact of a third.
ARTICLE 8 : Hypertext links
Many outgoing hypertext links are present on the site, however the web pages where these links lead do not engage the responsibility of Racer which does not have the control of these links.
The User therefore refrains from engaging the responsibility of the site concerning the content and resources relating to these outgoing hypertext links.
ARTICLE 9 : Evolution of the contract
The site reserves at any time the right to modify the clauses stipulated in this contract.
ARTICLE 10 : Duration
The duration of the present contract is indefinite. The contract produces its effects towards the User as from the use of the service.
TERMS AND CONDITIONS OF USE OF THE RACER IWARM APPLICATION
Last update: December 21, 2021
IT IS IMPORTANT THAT YOU CAREFULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THE APPLICATION. BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO ABIDE BY THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS AND DO NOT WISH TO ABIDE BY THEM, YOU MUST NOT ACCEPT THEM AND MAY NOT, THEREFORE, BENEFIT FROM THE SERVICES OFFERED BY THE COMPANY ON THE SITE.
The mobile application "Racer Iwarm" (hereinafter "the Application") and the website accessible at racer1927.com (hereinafter "the Platform") offers, in particular, to set the parameters for the operation of the heated gloves, to monitor the performance of the batteries (hereinafter the "Services"); the Application also offers to notify the information to its users (hereinafter "the Users").
The Racer application and the User are hereinafter referred to together or individually as a "Party". The purpose of these general terms and conditions (hereinafter the "General Terms and Conditions") is to set out the terms and conditions for the provision of Services by Racer to Users, as well as to define the rights and obligations of the Parties in this context.
The General Conditions constitute a contract between the Company and the User and apply to the use of the Services.
They are accessible and printable at any time by a direct link in the "About" section of the Application.
2. Operator of the Application
The Application and the Services are operated by the company Racer, a simplified joint stock company with a capital of €5,776,000 registered in the Trade and Companies Register of Salon de Provence under number 502 226 749, whose registered office is located at 1 Rue de la Forge 13300 Salon de Provence (hereinafter "Racer").
Racer can be contacted at the following address: [email protected]
3. Acceptance of the General Conditions
By using the Application, the User declares to have read the General Conditions and to accept them without restriction by checking the box provided for this purpose.
This acceptance is full and complete, without modification of any kind. Any acceptance with reservations is considered null and void. Any User who does not agree to be bound by these Terms and Conditions must not use the Services or access the Application.
4. Access to the Application and Services
The Application and the Services are accessible to the User who is a natural person with full legal capacity to enter into commitments under these General Conditions;
Users who do not have full legal capacity, and in particular minors, may only access the Application and Services with the consent of their legal representative, which they guarantee.
5.1. How to download and use the Application
The Application is available on legal download platforms and can be downloaded free of charge from the Apple App Store and the Google Play Store.
In order for the Application to function properly, Racer must be able to access the User's continuous location.
In order to enable continuous location, User must take the necessary steps on his/her cell phone.
5.2 Opening an account (hereinafter "Account").
To use the Application and benefit from the Services, the User must open an Account by filling in a registration form, by completing all the required information, in particular his name, first name and email address, and choose a password.
The User agrees to provide Racer with any additional information requested by Racer. User expressly authorizes Racer to access and retrieve User's personal information and account usage data from the relevant third party social network.
User warrants to Racer that the information provided on such registration form or with the third party social network is accurate and not misleading.
The User agrees to inform Racer without delay of any change in such information by modifying the information entered in his personal space (hereinafter the "Personal Space") or at the contact address indicated in the article "Application Operator" herein.
The User acknowledges and accepts that the information entered for the purpose of creating or updating his Account is proof of his identity.
In the event that this information proves to be inaccurate, incomplete or not updated, Racer reserves the right to immediately suspend access to the Services, without the User being able to claim any compensation.
The User accesses the Services by logging into his Account with his login and password chosen at registration, which he acknowledges and accepts.
The User has the possibility to change his password at any time, in the "Settings" tab of his Account. It is recommended to change the password regularly.
6. Strictly personal use
Only one Account may be created per User. The User of the Services is considered to be the person whose personal information corresponds to that provided on the registration form, to the exclusion of any other third party.
The User therefore undertakes to use the Services personally, and not to allow any third party to use them in his place or on his behalf, including another User of the Services, unless he bears full responsibility.
The User is also responsible for maintaining the confidentiality of his login and password and expressly acknowledges that any use of the Services from his Account will be deemed to have been made by him.
In the event that the User notices that his Account is or has been used without his knowledge, he undertakes to notify Racer as soon as possible, at the address indicated in the article "Application Operator".
7. Description of the Services
The User has access to the Services in a form and with the technical means that Racer deems most appropriate.
7.1. Functionality of the Services available free of charge
Downloading the Application and creating an Account allows the User to have access to free features (hereinafter the "Free Features")
Racer reserves the right to integrate the services accessible free of charge into the Paid Services by modifying the General Conditions under the conditions set out in the article "Modifications to the General Conditions".
7.2. Features of Paid Services (hereinafter "Paid Features")
The User has the option of taking out a paid subscription (hereinafter "the Subscription"), and thus benefiting from additional features that are added to the Free Features.
User acknowledges and agrees that Racer may also modify, delete or add features.
7.3. Special provisions for the use of the Personal Area
The User's Personal Area allows the User, at his free choice, to enter any information he deems necessary in his Personal Area. The User acknowledges that this information is not stored on Racer's servers, but only on the User's telephone. User further warrants to Racer that such information is accurate and not misleading.
7.4. Other services
Racer reserves the right to offer any other Services, in a form and according to the functionalities and technical means it deems most appropriate to render said Services.
The User acknowledges that he/she is informed that any new Service may be offered as a Free Service or as a Paid Service, at Racer's discretion.
8. Financial conditions
8.1. Free services
The opening of an Account and the Services are provided by default to the User free of charge, it being understood that the User is solely responsible for all costs of access to the mobile Internet, as well as the cost of his communications.
8.2. Paid features
8.2.1. Price of Chargeable Features
The User may take out a Pay-Per-Use Subscription that is renewable by tacit agreement, and thus benefit from the Pay-Per-Use Features as described above.
The characteristics and the applicable price scale for the Paid Services are detailed on the Application, according to the means deemed useful by Racer.
The applicable Subscription formula is the one in force at the date of subscription and remains available in the User's personal Space, at any time, during the entire period of validity of the Account.
Prices are indicated in euros and include all taxes.
Racer reserves the right to revise the prices of the Subscription at any time at its own discretion. The User will be informed of such changes by Racer by any means deemed useful by Racer, at least fifteen (15) days before the new prices come into effect.
If the Subscription is not terminated in accordance with the conditions set out in the article "Termination", the new prices will come into effect on the date of renewal of the Subscription.
8.2.2. Terms of payment
In principle, the Subscription price is due in full on the date of subscription to the Paid Features for the initial period and on the Subscription renewal date for the renewal periods.
However, the price of the Subscription may also be paid monthly.
User is expressly informed and agrees that payment of the Subscription price will be made directly to the Store from which the Application was downloaded, and User will be responsible for providing proof of payment.
The User warrants to Racer that he/she has the necessary authorisation to proceed with the payment of the price.
8.2.3. Default of payment
The User is informed and expressly accepts that any delay in payment of all or part of the sums due on their due date will automatically lead, without prejudice to the provisions of the articles "Sanction of default" and "Termination", without prior notice:
- The forfeiture of all sums due by the User and their immediate payment;
- The immediate suspension of the Services in progress until full payment of all sums due by the User;
8.2.4. Right of withdrawal
The User expressly requests the execution of the Paid Functionalities during the period of his right of withdrawal.
Therefore, in the context of a Subscription, the User expressly declares that he/she agrees to the immediate start of the Paid Features and agrees to waive his/her right of withdrawal within a period of 14 days, without this affecting his/her right to terminate the Subscription at any time in accordance with the General Conditions.
8.2.5. Termination of the Subscription
The User may terminate the Subscription on the store where the Application was downloaded in accordance with the article "Closing the Account" of these General Terms and Conditions.
9. Service Level Guarantee
Racer will use its best efforts to keep the Application running uninterrupted 24 hours a day, 7 days a week, and guarantees 98% availability of the Services except in cases of force majeure.
If necessary, Racer reserves the right to restrict or suspend access to the Application in order to carry out any maintenance and/or improvement operations. During such maintenance and/or upgrades, Racer will use its best efforts to make backups of the Account, so that it can be restored to its state at the time of such maintenance and/or upgrades.
Racer shall not be liable for any loss of content during maintenance and/or upgrades.
Racer also undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorised third parties.
Racer undertakes to ensure, under the terms of an obligation of means, the hosting of the Accounts and all content produced by the User, in accordance with the practices of the profession and the state of the art, on its own servers or by a professional hosting provider, carrying out its activity in accordance with the practices of the profession and the state of the art.
Racer undertakes to implement all technical means, in accordance with the state of the art, necessary to ensure the security of and access to the Services, including the protection and monitoring of infrastructures, the control of physical and/or immaterial access to said infrastructures, as well as the implementation of detection, prevention and recovery measures to protect the servers from malicious acts.
Racer also undertakes to take all necessary precautions, in view of the nature of the data and the risks presented by the automated data processing implemented for the purposes of the Services, to preserve the security of the data, and in particular to prevent them from being distorted, damaged or accessed by unauthorized third parties.
11. Obligations of the User
Without prejudice to the other obligations set forth herein, the User agrees to comply with the following obligations.
- The User undertakes, in his use of the Services, to respect the laws and regulations in force and not to infringe the rights of third parties or public order.
- The User acknowledges that he/she has taken cognizance of the characteristics and constraints, particularly technical, of all the Services. He acknowledges in particular that Racer will not be able to provide him with all the Services if he refuses the request for notifications, access to the contact list or continuous geolocation.
- User agrees to provide Racer with all documents, materials, data and information necessary for the proper performance of the Services, including, without limitation
- to provide a valid telephone number and to verify the accuracy of the contact information
- to give sincere and not misleading information;
- more generally, User agrees to cooperate actively with Racer in the performance of this Agreement and to inform Racer of any difficulties in connection with such performance.
- The User warrants to Racer that he/she has all necessary permissions to allow Racer to send SMS and/or calls to his/her contacts in connection with the Services. In this context, the User indemnifies Racer against any complaint, claim and/or action by one or more other Users and/or any third party claiming that Racer has violated his or her right to the protection of personal data. Accordingly, the User agrees to indemnify Racer for any damages it may suffer and to bear all damages, costs, charges and expenses that Racer may be ordered to pay, or that may be provided for in a settlement agreement signed by Racer after obtaining the User's prior consent.
- User acknowledges that User shall not use his/her phone while driving.
12. Prohibited Behavior
It is strictly prohibited to use the Services for the following purposes:
- engaging in illegal, fraudulent or infringing activities against the rights or safety of third parties,
- undermining public order or violating laws and regulations in force,
- intrusion into the computer system of a third party or any activity of a nature to harm, control, interfere with, or intercept all or part of the computer system of a third party, violate its integrity or security,
- aiding or abetting, in any form or manner whatsoever, one or more of the acts and activities described above
- and more generally any practice that misuses the Services for purposes other than those for which they were designed.
It is strictly forbidden for any User to copy and/or misappropriate the concept, technologies or any other element of the Application for his or her own purposes or those of third parties.
The following are also strictly prohibited: (i) any behavior of such a nature as to interrupt, suspend, slow down or prevent the continuity of the Services, (ii) any intrusions or attempted intrusions into Racer's systems, (iii) any misappropriation of the system resources of the Application, (iv) any actions of such a nature as to impose a disproportionate burden on the latter's infrastructure, (v) any breach of security and authentication measures, (vi) any act that may prejudice the financial, commercial or moral rights and interests of Racer, and more generally (vii) any breach of these Terms and Conditions.
It is strictly forbidden to monetize, sell or grant all or part of the access to the Services or to the Solution, as well as to the information hosted and/or shared therein.
13. Sanctioning of breaches
In the event of a breach of any of the provisions of the General Terms and Conditions or, more generally, a breach of laws and regulations by the User, Racer reserves the right to :
- suspend temporarily or permanently, without delay, the access to the Services of the User author of the breach or infringement, or having participated in it, and in particular, in case of providing erroneous, incomplete, misleading or outdated information during registration,
- remove any content related to the breach or violation in question, in whole or in part,
- take all appropriate measures and take any legal action,
- to warn the competent authorities, if necessary, to cooperate with them and to provide them with all the information useful for the research and the repression of illegal or illicit activities.
In the event of a breach by the User of an essential obligation arising from the General Terms and Conditions, or of a repeated breach thereof, Racer reserves the right to terminate the User's access to all or part of the Services, with immediate effect, by email. The termination shall be effective as of the date of dispatch by Racer of the written notice sent to the User pursuant to this clause. It shall automatically and without prior notice lead to the deletion of the User's Account, without prejudice to any other consequences that may arise in application of these General Terms and Conditions.
14. Racer's liability and warranty
Racer undertakes to use its best efforts to provide the Services diligently and in accordance with the rules of the trade, it being specified that it has an obligation of means, to the exclusion of any obligation of result, which the User acknowledges and expressly accepts.
Its responsibility is exclusively limited to the provision of the Services according to the terms described herein, to the exclusion of any other service. User further acknowledges and agrees that the Services are provided "as is" without warranty of any kind, express or implied. In particular, Racer does not warrant that:
- the Services, subject to constant research to improve performance and progress, will be totally free of errors, defects or faults;
- the Services, being standard and not offered solely for the User's own personal use, will specifically meet the User's needs and expectations;
- the Application will function in an uninterrupted manner, Racer reserving the right to momentarily interrupt access to the Application for maintenance reasons under the conditions of the article "Guarantee of level of service", and not being able in any case to be held responsible for disruptions or failures of the Internet or the telecommunication network, and more generally which would have their origin in circumstances which are external to it or resulting from the force majeure.
The User acknowledges and accepts that Racer cannot be held responsible if the execution of the Services is incomplete and/or impossible in the following cases
- if the User refuses to give Racer access to his/her contact list, to accept continuous geolocation and notification, which are essential to the proper functioning of the Service;
- in the event that User's cell phone is damaged during the performance of the Services, for whatever reason, in a manner that makes it impossible or partially impossible to perform the Services;
- if the User is located in a place where the connection to the operator's network is impossible and therefore the information cannot be transmitted in real time to Racer;
- if the Application does not work on the User's cell phone for any reason whatsoever.
Racer shall not be liable to User for any damages of any kind, whether direct or indirect, material, financial or moral, arising out of User's use of the Services and the Application.
15. Intellectual property
The Terms and Conditions do not grant the User any intellectual property rights of any kind in the Application, as well as in all text, images, audio-visual content and other content used by Racer on the Application, including the Terms and Conditions, trademarks, trade names and logos, software, structures, infrastructure and databases used by Racer within the Application, which remain the sole and complete property of Racer.
Any act of disassembly, decompilation, decryption, extraction, reuse, and more generally any reproduction, representation, distribution, adaptation, commercialization of the Application and/or of the texts, images, audio-visual contents and other contents operated by Racer on the Application by the User, not complying with the provisions of these Terms and Conditions, are prohibited and may be subject to legal proceedings.
16. Personal data relating to the User
As part of the Services, Racer collects personal data relating to the User, which it processes on its own behalf, in its capacity as data controller.
Racer has a personal data protection policy, the characteristics of which are set out in the document entitled "Personal Data Protection Charter", which the Customer is expressly invited to read.
The Company declares in particular that it complies with all legal and regulatory obligations incumbent upon it in terms of personal data protection, in particular to guarantee the security and confidentiality of the data collected and processed on its own behalf in its capacity as data controller. In particular, it undertakes to make all mandatory declarations to the Commission Nationale de l'Informatique et des Libertés.
Racer undertakes without limitation to:
- implement and maintain in force at all times all appropriate security measures with respect to the processing of personal data,
- keep a record of all processing activities carried out under the Terms and Conditions,
- to process Data only for the purposes as envisaged in the Charter on the protection of personal data;
- guarantee the confidentiality of the Data processed hereunder,
- ensure that persons authorized to process Data hereunder, whether permanent or non-permanent staff of Racer, its affiliates and any subcontractors, are committed to confidentiality or are subject to an appropriate legal obligation of confidentiality and receive the necessary training in the protection of personal data
- take into account, with respect to its tools, products, applications or services, the principles of data protection by design and data protection by default
- notify the User of any personal data breach in accordance with Article 34 of the GDPR if the breach is likely to result in a high risk to the User's rights and freedoms, and in any event to notify the breach to the competent supervisory authority unless exempted.
Racer uses subcontractors, whose servers are located in Europe, to host and store the Data.
If Racer hires other subcontractors, the subsequent subcontractor will be bound by the obligations of these Terms and Conditions. It is Racer's responsibility to ensure that the subsequent processor provides the same sufficient guarantees regarding the implementation of appropriate technical and organizational measures so that the processing meets the requirements of the GDPR. If the subsequent processor fails to meet its data protection obligations, the original processor shall remain fully responsible to the User for the other processor's performance of its obligations.
The Parties agree that Data may only be transferred by Racer and/or any authorized subcontractor hereunder or thereafter, to recipients established in a member country of the European Union or a third country ensuring an adequate level of protection and recognized as such by the CNIL or any other authorized body. If Racer changes the countries of destination, it shall inform the user without delay and obtain his consent. Where applicable, Racer shall provide the User with the updated list of countries of destination.
17. Racer's Data
User expressly acknowledges and agrees:
- (i) that the data collected via the Application is evidence of the reality of the operations carried out hereunder,
- (ii) that these data constitute the only mode of proof admitted between the Parties.
The User may access this data in his Personal Space.
18. Closing the Account - Stopping using the Services
The User using the Free Features of the Application may unsubscribe from the Services at any time and close his Account by following the procedure for deleting an account or by making a request to [email protected]
The User using the Paid Features can unsubscribe at any time, and terminate his Subscription directly on the store where the Application was downloaded.
The User acknowledges that the closure and deletion of his/her Account does not affect the Subscription and its tacit renewal, accessible exclusively via the User's personal Apple store and/or Play Store accounts, to which Racer does not have access, as indicated above.
User acknowledges and agrees that the amounts paid under the Subscription for the current month shall remain with Racer.
The User expressly acknowledges that Racer shall not be liable for any loss or alteration of information stored by the Registered User in his or her Account, which occurs after the deactivation of his or her Account, regardless of the cause, and in particular as a result of maintenance and/or upgrading of the Application.
Racer reserves the right to insert, on any page of the Application and in any communication to the User, any advertising or promotional messages in a form and under conditions to be determined by Racer.
20. Force majeure
Racer shall not be held liable to the User in the event that the performance of its obligations is delayed, restricted or rendered impossible due to the occurrence of an event of force majeure. The following are considered as cases of force majeure, the hypotheses usually recognized by the jurisprudence and the French courts.
The occurrence of a force majeure event will initially suspend the execution of the Services for a period not exceeding three (3) months. In the event that the force majeure event continues beyond the aforementioned period, the Parties may terminate these General Terms and Conditions, ipso jure, without judicial formality, without prior notice and without right to compensation of any kind, by sending a registered letter with acknowledgement of receipt with immediate effect.
The fact that one of the Parties has not exercised any right or power in application of the provisions of the General Conditions, or has exercised it late, shall not be interpreted as a waiver to exercise all or part of this right or power, and any single or partial exercise of any right or power shall not prevent a new implementation of this right or power.
If any of the provisions of the General Terms and Conditions should be declared null and void or unenforceable by reason of any law, regulation or final decision of a competent court, only that provision shall be null and void, and the other provisions shall remain in full force and effect.
23. Modification of the General Terms and Conditions
Racer reserves the right to modify the General Terms and Conditions at any time and in particular reserves the right to modify and/or stop offering all or part of the Services at any time at its own discretion.
The User will be informed of these modifications by any useful means, at least fifteen (15) days before their entry into force (hereafter: the "Notice Period").
The modified general conditions will apply at the end of the Notice Period:
- for free features ;
- to any Subscription taken out, or renewed, after their entry into force.
Thus, current Subscriptions will be governed by the General Conditions in their old version until the day of renewal.
On that date, the new version of the General Terms and Conditions will apply.
The Customer who does not accept these modifications shall :
- terminate his or her Subscription, according to the terms and conditions set out in the article "Closing the Account" when the User has a Subscription,
- unsubscribe from the Services.
Otherwise, the User will be deemed to have accepted the modified terms and conditions.
Any User who uses the Services after the entry into force of the modified terms and conditions is deemed to have accepted these modifications.
In the event of a translation of the General Terms and Conditions into one or more languages, the language of interpretation shall be the French language in the event of a contradiction or dispute over the meaning of a term or provision.
In accordance with Article 14 of Regulation (EU) 524/2013, the consumer Customer can access the "Online Dispute Resolution" platform set up by the European Commission, in order to facilitate the independent settlement by extrajudicial means of online disputes between consumers and professionals in the European Union.
Link to the platform: https://ec.europa.eu/consumers/odr/main/
26. Applicable law and jurisdiction
The present general conditions are governed by French law.
In the event of a dispute concerning the validity, interpretation and/or execution of these general conditions, the parties agree that the courts of Toulouse shall have exclusive jurisdiction to judge the matter, subject to the conditions of common law.
The User is informed that he can in any case resort to a conventional mediation, in particular with the Commission of the mediation of consumption (C. cons. art. L 612-1) or with the existing authorities of sectorial mediation, or with any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute.
National or cross-border disputes that may arise concerning the validity, interpretation, performance or non-performance, interruption or termination of this contract, may be submitted to mediation at the request of the consumer.
The website of https://medicys.fr describes the mediation process used and allows consumers to file an online request for mediation with supporting documents.
The dispute cannot be examined by the mediator if :
- the consumer does not justify having tried, beforehand, to resolve his dispute directly with Racer by a written complaint,
- the request is obviously unfounded or abusive,
- the dispute has been previously examined or is being examined by another mediator or by a court,
- the consumer has made his request to the mediator within a period of more than one year from his written complaint to Racer,
- the dispute does not fall within its field of competence.
Mediation is free of charge for the consumer (unless the consumer voluntarily uses a lawyer, a third party of his choice or an expert).
The mediator may not receive any instructions from the parties nor be remunerated according to the result.
The mediation of consumer disputes is subject to the confidentiality obligation provided for by article 21-3 of law n°95-125 of February 8, 1995 relating to the organization of the jurisdictions and the civil, penal and administrative procedure.
The parties remain free to submit their dispute to a judge within the framework of the applicable legal provisions.
PERSONAL DATA CHARTER
Last update: December 21, 2021
The racer1927.com website (hereinafter referred to as "the Site") and its mobile application (hereinafter referred to as "the Application") are likely to collect certain personal data from users (hereinafter referred to as "Users").
The Company attaches great importance to the respect of privacy and takes all necessary measures to ensure the confidentiality and security of Users' personal data.
The purpose of this Charter is to set out the conditions under which the personal data collected are processed and used, in order to better inform the persons concerned.
1. Identity of the data controller
RACER SAS with a capital of 5 776 000€. R.C.S Salon de Provence. N°SIREN : 502 226 749-TVA : FR 17 502 226 749 having its head office at 1 Rue de la Forge 13300 Salon de Provence.
President : Florent KATCHIKIAN. (Hereinafter, "the Publisher")
Contact details of the personal data protection officers (DPO): [email protected]
2. Compliance with the law of January 6, 1978, known as the "Data Protection Act" and Regulation 2016/679
The Publisher is responsible for the processing of your personal data and undertakes to comply, on the one hand, with Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, known as the "Data Processing and Freedoms" Law, as amended by the Law of August 6, 2004, and, on the other hand, with the European Regulation EU/2016/679.
You will not be able to create a personal account on the Application or on our Site if you refuse to provide the mandatory information requested in the registration form.
If you want us to delete your data from our database, simply follow the account deletion procedure and write to us at [email protected]
Any newsletters that may be sent to you will always include a link that you can click to unsubscribe from receiving emails from us.
4. Collection methods
The Publisher may collect information about you at various times.
- When you enter your personal information to create your personal account;
- When you browse the Site using cookies;
- When you use the Application;
- During the organization of contests, lotteries and/or any promotional operations.
5. Information collected
The information that may be collected is as follows:
- Civil status;
- Name and first name ;
- Email address;
- Phone number;
- History of trips taken and number of kilometers traveled;
- The make of your vehicle;
- Connection data from social networks such as Facebook or Google;
- Any useful information if you benefit from a specific offer with one of our partners, such as your company number or your name;
- Any information you have voluntarily given us;
All of the information collected is necessary to allow you to use the Application and navigate the Site.
Specifically regarding geolocation, the use of the Service may require that your mobile device be geolocated. With your express prior consent, Racer may collect location data from the mobile device you are using in order to operate the Application. Many mobile devices with built-in GPS mechanisms allow users to "opt out" of having location activation data sent to Racer or any other party. If you do not wish to tell us your location, please disable the location activation feature on your device or simply update your preferences on the Application to prevent the collection of your location data: however, disabling the location service may prevent you from using the Application.
In addition to your personal data, Racer may also collect personal data from third parties that you provide to us.
The personal data collected are processed in accordance with the regulations in force to meet explicit, legitimate and determined purposes, either on the basis of a contract and in particular the General Conditions or to meet a regulatory obligation or subject to your consent.
Depending on the situation, the purposes are as follows:
- To provide you with the Services
Racer collects and uses your personal data to operate the Application and to provide the Services, in particular to allow you to open your personal account, to use it, to notify emergency services in case of an accident.
Personal data is also essential to our interactions with you to provide customer service and more generally, as part of our business relationship.
In order to ensure the quality of our Services and to improve them, Racer also establishes general statistics, which are subject to a procedure of anonymization when the processing of personal data does not appear necessary for the realization of the statistics.
- Informing you about available Services
Subject to your prior consent, Racer also uses your personal data to inform you about products or services available from Racer and its affiliated entities. Racer may also contact you to offer to participate in surveys to determine your opinion of current services or of potential new services that may be offered by Racer.
- Promotions, advertisements and promotional offers (contests, sweepstakes, etc.)
You may participate in contests, sweepstakes and other promotional offers that we may offer from time to time.
For contests, sweepstakes and other promotional offers that we may offer from time to time through the Application or on the Site, we use the information you provide when you open an Account.
Subject to applicable contractual or legal restrictions, we may also use the information to communicate with you, or others you select, about our Services, or our partners may use the information to communicate with you about contests, sweepstakes or other promotions or about their products and services.
More generally, Racer may send you emails or other communications and advertisements from third parties with promotional offers if you opt-in to receive such communications or advertisements. If you no longer wish to receive special promotional information, advertisements or other messages from us or from third party advertisers, you may click on the link at the bottom of the email or update your settings and preferences on the Application. A reasonable amount of time is required for us to fulfill your request.
Finally, please note that Racer may use service providers to conduct our promotions with third party social network services based on the information we have and in particular to enable you to make the best possible connections: you may opt out of having your information used for this purpose by configuring the privacy settings directly on the social networks on which you have registered.
- Securing our Services
Racer secures your personal data, as well as the personal data of third parties, from unauthorized access, use or disclosure. Racer secures the personal data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. When personal data is transmitted to other websites, it is protected using encryption techniques, such as the Transport Layer Security (TLS) protocol. Nevertheless, we remind you that no security system is impenetrable.
- Complying with our legal and regulatory obligations
In the course of providing the Services, Racer is required to comply with various legal and regulatory obligations involving the retention of your personal data. This data may also be used in connection with the identification of the authors of illegal content.
Racer automatically collects certain information about the hardware and software on your computer or mobile device. This information includes your IP address, mobile device type and model, browser type, device identification, domain names, access times and referring website addresses. This information is used by Racer for the operation of the Services, to maintain the quality of the Services and to provide general statistics.
8. Recipient of the data
The data and information collected on the User is intended for certain employees of the Publisher, as well as its possible subcontractors, who are subject to the same rules on the protection of personal data as the Publisher. The data and information collected on the User is intended for certain employees of the Publisher, its possible subcontractors and, for certain data mentioned in the special conditions, for partners with whom personalized offers have been set up for the users. These parties are subject to the same rules on the protection of personal data as the Publisher.
The Publisher reserves the right to transfer your personal data in the event of a change of control or the sale of all or part of its assets, including by acquisition or merger with another company.
The personal data collected is not transferred outside the European Union.
Nevertheless, your data may be transmitted to the competent authorities upon request and in particular to public bodies, exclusively to meet legal obligations, court officers, legal agents and bodies responsible for debt collection.
9. Retention Period
The Publisher keeps the data for the period of time necessary for the purposes for which they were collected. It is specified in particular that :
- for the management of your personal account, the data is kept as long as your account is active and then 24 hours after the request for deletion or 3 years after the last use of the account by the User;
- for the management of the subscription to the newsletter, your e-mail is kept as long as you do not express the will to unsubscribe and for 3 years after the last use of the account by the User;
- for commercial prospecting operations of third party partners with your agreement, the data is kept for a period of 3 years from the last contact resulting from your initiative (i.e. after a purchase, or after the last consultation of a site from a prospecting email).
10. Right of access, rectification and opposition
You have the right to access, rectify, oppose and delete your personal data.
In general, you can exercise these rights at any time:
- by email to the address indicated in point 13 ;
- directly in your personal space on the Application, for modification.
Any request by email must be accompanied by a photocopy of a valid ID and will be processed within a maximum of 2 months following receipt.
You also have the right to file a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL):
Commission Nationale de l'Informatique et des Libertés 3 Place de Fontenoy TSA 80715 - 75334 PARIS CEDEX 07 Tel: 01 53 73 22 22 Fax: 01 53 73 22 00 https://www.cnil.fr/fr/vous-souhaitez-contacter-la-cnil
The Publisher undertakes to use its best efforts to protect your personal data, in particular to prevent it from being distorted, damaged or communicated to unauthorized third parties.