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Terms and conditions of sales

BUD RACING Ltd. aims at selling, maintaining, and fixing motorcycles as well as commercializing accessories and motorbike equipment, preparing suspensions and engines.

Within this framework, it sells motocross and trial bikes to both private individuals and professionals.

It is located in:
Industrial estate Pédebert,
40150 HOSSEGOR,
Phone n° : (0033) 0 558419900, fax n°: (0033) 0 58417373, Email: infos@bud-racing.com

ARTICLE 1 - AREA OF APPLICATION

The following general conditions of sales are applicable to all the articles for sale by BUD RACING Ltd. on its website without any restriction or reservation whatsoever.

Ordering goods is reserved to the sole users who have read the general conditions of sales in their whole and have acknowledged the general acceptance thereof by checking the box provided.

Goods on sale are mainly:
- Equipments and items of protective gears for drivers (helmets, jackets, trousers, kneepads, etc.)
- Spare parts for motorbikes (handlebars, forks, wheels, motor parts, etc.)
- Sportswear, stickers, various by-products, 
- Cleaning products (engine oil, forks, sprays, etc.)

The list of the goods for each of these categories is given in full on the homepage and on the various pages to which one can access from the homepage of the website.

Placing an order implies the Customer’s general acceptance of the general conditions of sales, safe for other documents like circulars or catalogues issued by BUD RACING Ltd. which only have an informational value.

Therefore, should the Customer not have acknowledged general acceptance of the terms, any contrary condition laid by the Customer shall be non-invocable to the Seller, unless expressly agreed thereto, whatever the date the latter is informed.

These conditions are available at any time on the website and shall remain implemented until BUD RACING Ltd. modifies them.

However, BUD RACING Ltd. commits itself not to modify them unilaterally when an order is being processed and has not yet been carried out.

It is therefore absolutely essential that the Customer should read and accept the general conditions of sales when he/she places an order particularly to be fully aware of the implemented terms.

Should it ever happen that BUD RACING Ltd. did not exercise a right on any of the conditions herein once, does not mean it relinquishes any claim to exercise a right on it later.

If, according to the right in force, any term of the general conditions was deemed inapplicable, the parties shall agree upon renegotiating in all good faith and in such manner as to keep the economic position from which they take as fair an advantage as from the one mentioned in the term that became inapplicable.

Should the parties not succeed in substituting that term in a mutually acceptable and applicable way, the same term shall be ruled out of the general conditions and the remainder of the general conditions shall be understood as if the said term were ruled out and the remainder of the general conditions shall become applicable in accordance with the conditions of the latter.

ARTICLE 2 – ORDER

a) Availability of the goods

Goods as displayed on the website are immediately available.

However, if some goods turned out to be temporarily unavailable (either out of stock or being repeated, etc.) despite BUD RACING’s notice, BUD RACING Ltd. shall immediately keep the Customer informed by all possible means. The latter shall either wait until the supply date or cancel or even change his order.

Should goods turn out to be definitively out of stock (when stocks run out, that is) after the order was placed, the latter shall be automatically cancelled and the Customer shall be totally reimbursed within 30 (thirty) days.

b) How to place an order

The Customer selects the goods(s) he/she wishes to order on the website by clicking on the box provided (“Add to Basket”) after having examined and obtained the description of the product as well as its price.

The Customer’s order is put into the basket.

This basket comprises the designation of the selected goods, the quantity ordered, the unit price of those goods and the total amount VAT included.

The Customer shall then be invited to read and print the general conditions of sales with which he must be acquainted and have accepted its terms and conditions before placing an order.

The Customer must click on the button provided (“Continue”) to identify him/herself.

For so doing, the Customer keys in his/her confidential code if he/she is a returning customer with BUD RACING Ltd. If not, he/she must fill in an identification form.

The Customer shall then be redirected to the summary of the completed order which recapitulates the unit price, the quantity of each goods, the Customer’s data, the invoice address, the delivery address, the amount of the order processing and delivery charges not included as well as the total amount of the order with processing and delivery charges included.

The Customer may correct or modify his choice by clicking on the box provided (“Your Basket”).

The Customer shall then be invited to make his/her payment in accordance with the modalities herein described, ARTICLE 3.

The payment made through these modalities stands for an electronic signature.

An electronic signature has the same statutory value for both parties as a written signature.

BUD RACING Ltd. shall give confirmation of the order by any possible means.

The order stands for the willing agreement of both parties on the purchase (sold product and price) and endows it with a definitive character, with due respect to the Customer’s right of withdrawal as provided in ARTICLE 7 herein.

This confirmation along with the computerized data registered by BUD RACING Ltd. shall constitute proof of the transaction which took place between both parties.

The computerized registers kept in the computer systems of BUD RACING Ltd. or of its subcontractor, in reasonable conditions of safety, shall be considered as many proofs of communication, orders, and payments between both parties.

Order forms and invoices shall be filed in on a secure, long-lasting and legally valid medium.

The Customer may print and keep the order form along with the confirmation notice sent by BUD RACING Ltd. any time by clicking on the button “Your Orders”.

Barring special agreement, any change made by the Customer who does not act for professional purposes shall only be taken into consideration if sent in writing or via Email to BUD RACING Ltd. within the 7 (seven) days allotted for withdrawal as provided herein, ARTICLE 7.

Beyond this date BUD RACING Ltd. is entitled to refuse any changes and retain the amount paid for by the non-professional Customer.

A professional Customer may neither modify his order nor retract.

c) Language

Orders can either be placed either in French or in English


ARTICLE 3 – PRICES

a) Tariff

Goods shall be sold at the price displayed on the website and in accordance with the tariff applied on the day when the order is registered.

Prices are given in euros, VAT included, and do not include charges for delivery and processing of the order.

Any order placed on the website and dispatched out of may be subject to taxes and/or customs duties in force in the destination State .

Customs duties and taxes shall be borne by the Customer who is held sole responsible for their payment.

BUD RACING Ltd. has no obligation to check and inform the Customer about the aforesaid customs duties and taxes.

b) Price Changes

BUD RACING Ltd. reserves its right to change the prices of goods for sale at any time.

It commits itself not to change the prices of the ordered goods that have not been delivered.

c) Modalities of payments

All goods are to be paid in cash, on delivery, with VISA and/or EUROCARD MASTERCARD.

Payment is processed on-line.

It is a secured payment made through the CYBERPLUS system of the BANQUE POPULAIRE.

All information given is crypted via the SSL system and cannot be read during their circulation on the web.

BUD RACING Ltd. cannot be held responsible for any difficulty encountered with the service of payment online.

In any event, BUD RACING Ltd. shall refuse to deliver ordered goods that have not been paid for.

 

ARTICLE 4 – Rebates, discounts and refunds

The Customer is entitled to benefit from rebates, discounts and refunds according to the total amount of the goods purchased in a single order.

Those rebates, discounts and refunds shall be in the form of free shipping costs as soon as the price of the order exceeds an amount stipulated in the summary of that order.

If other rebates, discounts and refunds are granted on the date of purchase, they shall be mentioned to the Customer on the website.


ARTICLE 5 – Delivery

Goods purchased by the Customer shall be despatched by mail within 30 (thirty) days as from the date of payment to the address given by the latter when he/she placed the order.

Should any goods be unavailable, BUD RACING Ltd. shall do their utmost to deliver it as soon as possible.

Delivery time-limits are merely informative and should the deadline not be met the Customer shall in no way claim damages, deduction or cancellation of the order.

Except for particular cases or should one or several goods be unavailable, goods shall be delivered at one time.

BUD RACING Ltd. is responsible for setting up the delivery modalities of the sold goods.

The delivery of goods is deemed to have been carried out once taken out of BUD RACING’s premises and handed to the carrier.

Goods are conveyed at the Customer’s own risk even if the order is shipped to another addressee.

Onus is put on the sole Customer to check out the condition of delivered goods.

He/she has 7 (seven) days as from the delivery date to lodge a complaint with BUD RACING Ltd., using any possible means, telecopy (n° 05.58.41.73.73) or Email: infos@bud-racing.com included, on the grounds of non-conformity of or defect in the delivered goods.

Beyond this time-limit, goods shall be deemed conform and defect-free.


ARTICLE 6 – Conveyance of propriety and conveyance of risk

The conveyance of propriety of goods sold to the benefit of Buyer shall occur after complete collection of the selling price.

This conveyance of propriety shall be accompanied by the conveyance of risk even if the sold goods has not been delivered and still finds itself in the premises of BUD RACING Ltd. or of its trustee.

In any case and in accordance with ARTICLE 5 herein, goods are always conveyed at the Customer’s own risk.


ARTICLE 7 – Right of withdrawal

In pursuance of the law, a Buyer-Consumer or Non-professional individual is granted 7 (seven) days to benefit from the right of withdrawal as from the delivery date of the goods and is entitled to return them with a view to be exchanged or refunded provided that the said goods be shipped back in their original package and in perfect condition.

When the deadline date falls on a Saturday, on a Sunday, during Bank or Public Holiday, the aforesaid deadline shall be extended to the next working day.

Goods must be shipped back to “SOCIÉTÉ BUD RACING, Zone Artisanale de Pédebert, 40150 HOSSEGOR, ”.

The Customer is liable for all reshipping costs.

Under the terms ‘Consumer’ or ‘Non-professional individual’ one should understand ‘any person whose transactions have no relation with his/her professional activity’.


ARTICLE 8 – Return, refund, guarantee and liability

A

Should delivered goods have a latent defect that makes them unusable, this defect shall be removed or the defective goods shall be substituted.

Were it not feasible, the Customer shall have the choice to be refunded or ask for a credit note good for any other goods.

The guarantee against latent defects cannot be extended to the consequences of possible damage those defects might have caused on other goods or individuals.

In order to assert his/her right, and at the risk of incurring forfeiture, the Customer shall inform BUD RACING Ltd. via telecopy [(00.33) (0)5.58. 41.73.73], Email (infos@bud-racing.com) or in writing within 3 (three) days after delivery of his/her wish to return the goods and therefore send it back within 7 (seven) days at the latest as from the delivery date.

The Customer is liable for reshipping costs unless return of goods is due to a mistake in the consignment.

Only goods that have been returned in their whole, in fair condition and in their original package shall be exchanged or taken back.


B

Goods must be sent back to SOCIÉTÉ BUD RACING, Zone Artisanale de Pédebert, 40150 HOSSEGOR.

Goods for sale on the website are in conformity with the current French regulations.

Therefore, BUD RACING Ltd. shall not accept responsibility if the sold goods should not be in conformity with the legislation of the country where it is delivered.


C

Pictures and illustrations showing goods on the website have no contractual value and do not involve BUD RACING Ltd.’s responsibility.


D

The Customer is sole responsible for the selection of goods, of their maintenance and use.


E

BUD RACING Ltd. commits itself to exercise all its professional care in offering its best services to the Customer.

Nevertheless, BUD RACING Ltd. shall not be held responsible for the non-execution of the contract should their stock be depleted, if the goods is unavailable, in case of ‘force majeure’, act of God, disruption, total or partial strike, particularly in the mail service, in transports and/or in communication, in case of flood or fire.

BUD RACING Ltd. shall not be held responsible for the loss of benefits, commercial losses, losses of data, and losses of profits or any other indirect or unpredictable damage during the use of the website or at the conclusion of the sale contract.

In any event, BUD RACING Ltd.’s liability is contractually limited to the amount of goods purchased by Customer.

This limit of liability is opposable to the sub-Buyer of the goods purchased on BUD RACING’s website who shall have no more rights than those transferred by the Customer who purchased these goods on the website.


ARTICLE 9 – French legislation on Informatics and Liberty

BUD RACING Ltd. commits itself to protecting all personal data given by the Customer when placing an order. These data are collected and treated in the strictest confidence. When purchasing, the Customer is only asked information indispensable for the quality of service and the processing of his/her order.

BUD RACING Ltd. neither sells, commercialises nor rents its information to third parties.

If the Customer does not wish to receive special offers and ads he may send an Email for that purpose.

We remind that the application of the article 27 of Informatics and Liberty law of 6 January 1978 allows the Customer a right of access, modification, rectification and opposition to the information concerning him/her.

The Customer only needs access his account on the website via his/her electronic address and his/her password.

For any other question regarding the protection of personal data the Customer may direct him/herself to BUD RACING Ltd. at will by any means.


ARTICLE 10 – Links

BUD RACING Ltd. or a third party may create a link with other sites or sources. BUD RACING Ltd. has no means of control over these sites or sources and is not answerable for the availability of such sites and external sources nor guarantees it.

BUD RACING Ltd. does not appropriate the contents to which these sites or source give access and dismisses any responsibility and guarantee with respect to these contents.

Links and especially searches are in most cases done automatically and in virtue of their large number cannot be checked out in any way by the personnel in BUD RACING Ltd.

However, if in the pages of bud-racing.com an external link including illegal contents happened to be added by a third party, BUD RACING should delete the link and its page after having been informed of the said contents.


ARTICLE 11 – Intellectual propriety

When connecting him/herself to the website of which BUD RACING Ltd. is holder of the rights of intellectual propriety hereof, the Customer shall refrain from copying or downloading whole or part of its content unless expressly and previously agreed to by BUD RACING Ltd.


ARTICLE 12 – Applicable legislation and Jurisdiction

All the clauses included in the general conditions herein as well as all the operations of sales and purchases herein described shall be subject to French legislation.

Any litigation related to the commercial relation between BUD RACING Ltd. and the Customer shall come under the exclusive jurisdiction of the French courts.

If the Customer acts in his/her capacity of tradesman or professional, any litigation ensuing from operations of sales and purchases described in the conditions herein shall be carried before the Commercial Court of Dax.