General Sales Conditions
Applicable as of October the 16th, 2018.
These General Terms of Sale are concluded by one party, the ORECA company, with a capital of 2,091,320 euros, whose registered office is at Parc d’activités de Signes, Avenue de Rome - BP 706 - 83870 Signes, registered at the Registre du Commerce et des Sociétés de Toulon under the number 302 045 794, hereinafter referred to as ORECA. The Terms are agreed by the other party, any natural or legal person making a purchase via its website (store.fia.com) or by any other means, hereinafter referred to as 'the Buyer.
ORECA is licensed to represent the FIA for its online business. As such, ORECA holds all rights necessary to market and distribute FIA products on its website, store.fia.com.
The Buyer declares to have reached the age of majority or to have received parental permission and the legal capacity to make a contract, allowing him or her to place an order on store.fia.com.
The visuals presented on store.fia.com are not contractual. The visuals are presented for information purposes only.
For any questions regarding an online or in-store purchase, the FIA Store customer relations center can be reached at:
- +33(0)4 83 77 11 20 from 9:00 AM to 6:00 PM, Monday through Friday, excluding holidays.
The parties agree that their relationship will be governed exclusively by these General Terms of Sale, which are available on the store.fia.com website.
These conditions may be subject to changes. Therefore, it is understood that the applicable conditions are those in force on the website in the purchase date.
1.1 The sale is complete when our services receive the order.
2.1 Our prices correspond to the rate in effect on the day of the sale.
2.2 The prices indicated on our rates and catalogs are established by the factory. They are subject to change without notice.
2.3 Prices are expressed in euros (tax included). ORECA reserves the right to modify them in case of a change in the VAT rate, and in the case of obvious errors in the price, the product, or the delivery.
III. PRODUCT MODIFICATIONS
3.1 The technical specifications and photo documentation are given for informational purposes and are subject to any changes without prior notice.
3.2 Deletion or modification of ordered items by the ORECA company's suppliers authorizes ORECA to cancel the order without the customer's agreement.
4.1 Sold items travel at the Buyer's expense and risk, except for possible recourse against the carrier. The ORECA company may in no case be held responsible for a dispute concerning the delivery of goods.
4.2 Items are deemed approved and authorized upon departure from our stores. Upon arrival at the destination, it is the customer's responsibility to recognize the condition or items before taking possession of them. We strongly recommend checking the condition of the goods in the presence of the carrier, in order to ensure that there is no damage to the items. In the event of an abnormality (such as damaged packaging, or products that are missing, damaged or broken), the buyer: - must accurately describe on the package's delivery receipt the reason for refusal. -must co-sign the receipt with the carrier - and will have a period of 3 days to notify ORECA by any method.
4.3 The ORECA company draws its customers' attention to the fact that items intended for vehicle adaptation for competition may exhibit characteristics such that their circulation may be prohibited on roads open to public traffic, invalid manufacturers guarantees and invalid insurance policies guarantees insofar as they modify the characteristics of such vehicles described in the protocol report issued by the Service des Mines: noise, pollution, maximum speed, tyre dimensions, etc. On the other hand, all these products sold by ORECA being intended for motorsport practice and competition, they are not subject to any specific contractual guarantee because their particular use could void the manufacturer's original warranty of the vehicle on which they are fitted.
4.4 In consideration of technicality of products sold by ORECA, we strongly recommend to ask for professional automotive mechanic services in order to ensure they are fitted in compliance with secundum artem and, where necessary, in compliance with current technical and sport regulations.
V. DELIVERY TIME
5.1 The ORECA company commits, in accordance with regulations in force, to deliver items in less than 4 months from the date of order, subject to the successful order completion by our provider.
6.1 Regarding article L. 221-18 of consumer code, our customers have a period of fourteen calendar days from order delivery to return items in their original condition to ORECA, for an exchange or refund, without penalty except return expenses which remain the customer's responsibility. Beyond this period, no item will be returned, exchanged, or refunded. No returns will be accepted in the case of specific orders for unstocked items, special orders and/or made-on-measure products.
6.2 The customer may exercise its right to cancel:
- By telephone: +33 (0)4 83 77 11 20
- Via the customer account area at store.fia.com
In writing, clearly stating the wish to cancel the order, to the following address:
FIA Store at ORECA - BP 706 - 83030 Toulon Cedex 09, France
6.3 Customers must obtain a return merchandise authorization number from our customer service department before returning any items. The top portion of the return form (‘bon de retour’) must be visible on the exterior of your return parcel, and the bottom portion must be included within the parcel. ORECA unfortunately cannot accept items that are returned without a return merchandise authorization number. These items will not be reimbursed and will be available for pick up from our warehouse.
6.4 If the item is not returned in its original condition with its packaging, we reserve the right to retain a minimum of 20% of the price of said item for storage, packing, or reconditioning.
7.1 ORECA provides a statutory guarantee against hidden defects in accordance with Article 1641 of the French Civil Code. The customer therefore has a period of two years from discovery of the hidden defect to give notice of any reservations by registered letter with acknowledgement of receipt.
VIII. PAYMENTS AND DUE DATES
8.1 Our items and merchandise are payable in cash at the time of the order.
8.2 Means of payment accepted are Cash Card, Paypal.
8.3 If ordering by correspondence (mail, telephone, internet, etc.), our shipments are made after payment clears.
8.4 Any amount paid by the buyer toward the order is considered a deposit by the parties involved.
8.5 In the hypothetical situation where the company would be exceptionally granted specific payment terms, the items and merchandise are subject to repossession until full payment of the price, costs, and accessories is complete. In the event of non-payment by one of the agreed deadlines, the vendor may apply the cancellation condition. This cancellation condition does not affect the transfer of the Buyer's risks and dangers.
8.6 No discount will be given for cash payment, or payment prior to the scheduled maturity date. In the case of a late payment in relation to the deadline, the customer will be charged interest of 10% per year and a lump sum for recovery costs of 40 euros.
8.7 Penalty clause: in the event of non-payment, we shall be entitled to request the Buyer to pay damages in the amount of 15% of the total amount of the debt, with a flat minimum of 300 € per loan, regardless of the amount of the actual loss suffered.
8.8 Event of default: In the event of particular terms and conditions of payment, those particular terms and conditions will become null and void in the event delay of payment in whole or in part.
8.9 Fighting payment fraud: in order to secure its customers' means of payment, ORECA may request all supporting documents (regarding the identity and/or residence and/or means of payment used) or require a payment by wire transfer. The failure or refusal to send the requested supporting documents or to pay by wire transfer may lead ORECA to refuse the concerned order. The delay in transmitting requested parts or the transfer receipt to ORECA may delay all the shipping and delivery of the ordered products.
IX. RETENTION OF PROPERTY CLAUSE
Under Act 80.335 from May 12, 1980, we reserve ownership of goods and products, subject to current debits, until payment of the full price and its accessories is complete. In the event of failure to pay for all or part of the price at the maturity date for any cause whatsoever, by express agreement, we reserve the right, without formality, to materially recover possession of these products or goods at your expense and risk. In the event of disputes, the Tribunal de Commerce de TOULON only holds jurisdiction for professional sales.
X. USE OF COMPUTER DATA
In accordance with the Freedom and Information Act of January 6, 1978 and with the EU regulation 2016/679, named General Date Protection Regulation (GDPR), you have a right to access, correct, oppose and delete your personal data.
You may exercise such rights on request accompanied by a credential sent to: ORECA - Parc D’activités de Signes - Avenue de Rome - BP 706 - 83030 Toulon Cedex 09 or by e-mail at email@example.com You may access to all information regarding your personal data use and to take note of all your rights by reading our data protection policy.
XI. GOVERNING LAW AND CHOICE OF JURISDICTION
11.1 For any claim arising between ORECA and a buyer who, in compliance with the definition given by the preliminary article of the French Consumer Code “Code de la Consommation”, acts as a professional, only Commercial courts of Toulon (France) will be competent. Any claim shall be held in France and only the French version of those GTCS will serve as a reference.
11.2 For any claim and in compliance with the article L211-3 of the French Consumer Code « Code de la Consommation », any buyer acting as a consumer, as this quality is defined by the said French Consumer Code, can, if he wishes, take part into a consumer mediation by appealing to a mediator. For that purpose, ORECA appointed the CNPA (Conseil National des Professions de l’Automobile) mediator who may be reached as it follows :
- With the on-line form at www.mediateur-cnpa.fr;
- By e-mail at firstname.lastname@example.org;
- By post at M. le Médiateur du CNPA – 50 rue Rouget de Lisle – 92158 Suresne Cedex