General terms and conditions of sales for businesses
The purpose of the present General Terms and Conditions of Sale is to define and determine the conditions under which the Seller, the company ICONIC ITEM S.A with the trade name BLACKTRACK MAGNETIC with a capital of €31,000 having its registered office at 1 RUE DE L’ALZETTE, L-7210, HELMSANGE (HELSEM), LUXEMBOURG registered in the Luxembourg Trade and Companies Register under number LU 2828 5816, Tel: +352 24 84 00 59, Mail: contact@blacktrackmotors.com, (hereinafter referred to as the “Seller”) offers all the products for sale on its website accessible at blacktrackmagnetic.com and, if applicable, in its catalogues (hereinafter referred to as the “Products”) to any professional buyer (hereinafter referred to as the “Buyer”).
Article 1
Pre-contractual information communicated to the Buyer
The Buyer acknowledges having been informed of these General Terms and Conditions of Sale with a view to purchasing Products from the Seller, prior to placing an Order.
Article 2
Scope of application
As of their acceptance by the Buyer, these General Conditions are applicable to all Products purchased by the Buyer, to the exclusion of any other document. Consequently, these General Conditions replace and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements made between the Seller and the Buyer.
Article 3
Purchase of Products
Products can be purchased directly online on the Seller’s website accessible at blacktrackmagnetic.com or by order sent directly to the Seller in the following way:
Purchase on the Seller’s website
The Products are offered for sale on the Seller’s website accessible at the address blacktrackmagnetic.com within the limits of available stocks. The Buyer proceeds to the purchase of the Products online by selecting, under his sole responsibility, the Product(s) of his choice and by adding them to the shopping cart. In the event of prolonged inactivity when connecting to the website, it is possible that the selection of Products chosen by the Buyer before this inactivity is no longer guaranteed. The Buyer is then invited to restart his selection of Products from the beginning. Notwithstanding the provisions of Articles 1127-1 and 1127-2 of the French Civil Code, it is up to the Buyer, before any final validation of his/her order, to check the details of his/her order, the Product(s) selected, the quantity and, if applicable, the options chosen (such as the colour), the total price of the order and to correct any errors. The final validation of the order on the website after this verification implies the acceptance of the full price, of these General Terms and Conditions of Sale and constitutes a firm and definitive offer to contract (hereinafter referred to as the “Order”). The sale shall be deemed final (and the contract concluded between the parties) upon the Seller’s unconditional acceptance of the Order and subject to the Buyer’s actual payment of the price or, in the event of a deferred payment, of the deposit.
Order addressed directly to the Seller
The Buyer may place an order in any written form directly with the Seller. Any order duly received by the Seller shall give rise to the issue of a quotation by the Seller (hereinafter referred to as the “Order”) drawn up on the basis of the information provided by the Buyer. Any quotation is valid for thirty (30) calendar days from the date of issue, unless otherwise stated on the document. Sales of Products are definitively concluded and these General Terms and Conditions of Sale are applicable only after the Buyer has accepted without reservation the quotation, dated and signed by him/her during the period of validity of the quotation and provided that the deposit or payment provided for in the quotation is paid in full. The signature of the quotation by the Buyer implies full acceptance of the terms of the quotation. If the Buyer fails to accept the quotation without reservation during its period of validity and, where the quotation provides for a deposit or payment, in the absence of payment of the sums due in full, no contract will be formed between the Parties.
In all cases, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular, if there is a dispute with the Buyer concerning the payment of a previous order.
Article 4
Prices
The Products are supplied at the prices in force on the Vendor’s website accessible at blacktrackmagnetic.com, on the day the Buyer places the Order.
The prices are expressed in Euros, including VAT, or, for Products delivered in Great Britain, in pounds.
These prices are firm and non-revisable during their period of validity.
The Buyer may benefit from the discounts, reductions and sales listed on the Seller’s website depending on the number of Products purchased and/or the frequency of the Buyer’s Orders.
The prices indicated do not include other costs, in particular the costs of transporting and delivering the Products, customs duties and taxes (including any applicable VAT), which shall be borne exclusively by the Buyer. In particular, any customs duties, other local taxes, import duties or state taxes shall be borne exclusively by the Buyer and the formalities relating thereto shall be the sole responsibility of the Buyer.
Article 5
Terms of payment
Payment terms – Unless otherwise stipulated or agreed between the parties, the price is payable in full on the date the Buyer places the Order.
Methods of payment – Payments are to be made by credit card or bank transfer. Any bank charges shall be borne by the Buyer.
The payment methods available on the bogarel.com website are :
Visa
Mastercard
Paypal
Sofort
GiroPay
Bancontact
Twint
iDeal
Discount – No discount will be granted by the Seller for payment before the date shown on the invoice or within a period shorter than that mentioned in these General Terms of Sale.
Late Payment Penalties – In the event of late payment of any sum due by the Buyer after the payment deadline, late payment penalties calculated at the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points on the amount of the sums due by the Buyer, shall be automatically and by operation of law due to the Seller, without any formality or prior notice. In this case, the rate applicable during the first half of the year in question is the rate in force on January 1st of the year in question. For the second half of the year in question, the rate in force on July 1st of the year in question shall apply. Late payment penalties shall be payable without the need for a reminder and as from the day following the payment date shown on the invoice.
Fixed compensation for collection costs – The Buyer shall also be liable to pay a fixed compensation for collection costs according to the amount set by decree in force on the day of the delay in payment, which is currently €40 (Article D. 441-5 of the French Commercial Code). When the collection costs incurred are higher than the amount of the fixed compensation for collection, the Seller may request additional compensation, upon justification.
Allocation of payments – Any partial payment by the Buyer shall be allocated in priority to the costs, indemnities and interest.
No set-off – Unless the Seller has given its express prior written consent, and provided that the reciprocal claims and debts are certain, liquid and due, no set-off may be validly made by the Buyer between any penalties for late delivery of the Products or non-conformity of the Products, on the one hand, and the sums owed by the Buyer to the Seller for the Products purchased, on the other.
Article 6
Delivery
Delivery time – The Seller shall deliver the Products to the Buyer in accordance with the terms and conditions set out in the corresponding Orders and on the date or within the period indicated in said Orders. This deadline is not a strict deadline. It is given as an indication and the Seller shall not be held liable to the Buyer in the event of a delay in delivery not exceeding thirty (30) days for non-customised Products. This period is increased by three (3) months for personalised Products. The Seller shall not be held liable in the event of a delay or suspension of delivery attributable to the Buyer or in the event of force majeure. In any event, the Seller’s liability shall be limited to the conditions of “Liability” stipulated in these General Conditions.
Place of Delivery – The Products will be delivered to the address given by the Buyer at the time of the Order or indicated in the quote. If the Buyer uses a carrier chosen by him/her, delivery is deemed to have taken place when the Products ordered are handed over by the Seller to the carrier who has accepted them without reservation.
Delivery costs – The prices available in the catalogues, websites and, in general, in all of the Seller’s media are “ex-warehouse” and do not include any delivery costs which will be borne by the Buyer.
Packaging and delivery method – The Products will be packaged and delivered according to the methods freely chosen by the Seller.
Verification of the Products – The delivery of the Products to the agreed place of delivery shall constitute delivery of the Products by the Seller. Upon delivery, the Buyer is obliged to check the quantity, weight, volume and condition of the Products. In the event of a disputed delivery, the Buyer must expressly make any reservations and claims on the delivery slip and confirm these reservations and claims within a maximum of three (3) clear days in writing to the Seller and to the carrier by registered letter with acknowledgement of receipt within the same period. Failing this, the Products delivered by the Seller shall be deemed to comply with the Order. The absence of any reservation or claim at the time of delivery of the Products by the Buyer or his representative or the failure to comply with the formalities prescribed by this article shall extinguish any reservation or claim relating to the Seller’s obligation to deliver the Products, to apparent defects or damage. The delivered Products which lack of conformity has been duly proven by the Buyer within the time limits and according to the conditions stipulated in this article will be, at the Seller’s choice, repaired or replaced as soon as possible.
Article 7
Reservation of ownership of the Products
THE TRANSFER OF OWNERSHIP OF THE PRODUCTS FROM THE SELLER TO THE BUYER WILL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE BUYER, REGARDLESS OF THE DELIVERY DATE OF THE PRODUCTS.
Article 8
Transfer of risks of the Products
Notwithstanding the stipulations of the clause “Retention of title to the Products” in these General Terms and Conditions of Sale, and even during the entire period during which ownership is retained by the Seller, the Buyer shall bear the risk of loss, destruction or deterioration, even by chance, of the Products sold from the moment of delivery of the Products, without any prior notice of default, and shall remain liable to the Seller for the payment of the full price.
When the Buyer uses a carrier that he has chosen himself, the transport of the Products is carried out at the Buyer’s risk from the moment the Seller hands over the Products ordered by the Buyer to the carrier chosen by the Buyer.
In all cases, the Buyer is obliged to insure the Products against all risks, in particular against loss, destruction or deterioration of the Products sold, the insurance having to be taken out in favour of the Seller. The insurance indemnity, which shall be acquired by right by the Seller, shall be deducted from the fraction of the price still due. The Buyer remains the custodian and is responsible for the Products throughout the period during which ownership is retained by the Seller. Any use of the Products that could alter them is prohibited.
Article 9
Guarantees
The Products comply with the regulations in force in France.
WHEN THE BUYER IS A PROFESSIONAL BUYER OF THE SAME SPECIALITY AS THE SELLER, THE SELLER SHALL NOT BE HELD LIABLE FOR DEFECTS OR HIDDEN FAULTS IN THE PRODUCTS.
The Seller does not grant any warranty of eviction.
The Seller does not assume any other guarantee than those mentioned in these General Conditions.
Article 10
Liability
The Seller shall not be liable in case of stock shortage, unavailability of the Product, force majeure, misuse of the Product, use not in accordance with the instructions for use communicated by the Seller, negligence or lack of maintenance on the part of the Buyer, the Buyer’s customers or the end customers, as well as in case of normal wear and tear of the Product or failure in case of accident of the Product.
IN ADDITION, IN THE EVENT OF NON-PERFORMANCE BY THE SELLER OF ANY OF ITS CONTRACTUAL OBLIGATIONS, WHATEVER THE CAUSE, THE BUYER MUST BRING A CLAIM FOR COMPENSATION BEFORE THE COMPETENT COURTS WITHIN TWO (2) YEARS OF THE NON-PERFORMANCE, ON PAIN OF FORECLOSURE. THE SELLER’S LIABILITY :
MAY ONLY BE INCURRED FOR DAMAGE FOR WHICH THE SELLER IS DIRECTLY RESPONSIBLE, WITHOUT ANY JOINT OR SEVERAL LIABILITY WITH THIRD PARTIES WHO CONTRIBUTED TO THE DAMAGE;
SHALL BE LIMITED TO DIRECT, FORESEEABLE AND CERTAIN DAMAGE CAUSED TO THE BUYER THAT MAY RESULT FROM FAULTS THAT ARE DULY PROVEN AND ATTRIBUTABLE TO THE SELLER, TO THE EXCLUSION OF ANY INDIRECT OR UNFORESEEABLE DAMAGE OF ANY NATURE WHATSOEVER (AND IN PARTICULAR, WITHOUT THIS LIST BEING EXHAUSTIVE, ANY COMMERCIAL DAMAGE, OPERATING LOSS, LOSS OF EARNINGS, LOSS OF ORDERS, LOSS OF CUSTOMERS, LOSS OF DATA, COMMERCIAL DISTURBANCE, LOSS OF PROFIT OR BENEFIT, LOSS OF BRAND IMAGE OR ACTION DIRECTED AGAINST THE BUYER BY A THIRD PARTY)
AND SHALL BE LIMITED TO THE AMOUNT OF THE ORDER PAID BY THE BUYER, EVEN IF THE AMOUNT OF THE DAMAGE FROM ALL CAUSES IS HIGHER.
Article 11
Intellectual property
The sale of the Products does not confer any right to the Buyer on the brands or distinctive signs affixed by the Seller on the Products and the associated documentation. Furthermore, the Seller remains the owner of all intellectual property rights, in particular, on the photographs, presentations, studies, drawings, models and prototypes produced in the context of the supply of the Products. Consequently, the Buyer shall refrain from reproducing or exploiting said photographs, presentations, studies, drawings, models and prototypes, in particular, without the Seller’s express, prior and written authorisation.
Article 12
Suspension of the performance of one or more obligations
The Seller or the Buyer may suspend the performance of its obligations when it is clear that the other party will not perform its obligations within the time limits and under the conditions provided for in the Order and that the consequences of such non-performance are detrimental to the injured party. Any suspension shall be subject to reasonable notice and shall be notified as soon as possible.
Article 13
Compulsory performance in kind
In the event of a failure by either party to fulfil its obligations, the party suffering the failure may not seek compulsory execution in derogation of the provisions of Article 1221 of the Civil Code. It may only, in the event of non-performance of any of the obligations incumbent on the other party, request the termination of the sale in accordance with the terms and conditions stipulated in these General Terms and Conditions of Sale.
Article 14
Force majeure
The Seller shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described in these General Terms and Conditions of Sale, is due to force majeure.
For the purposes of these General Terms and Conditions of Sale, “force majeure” is considered to be the cases usually accepted by jurisprudence, as well as any total or partial strike by a third party (and in particular by the carrier or its services), flooding, fire or other natural disasters, interruption of telecommunications or Internet networks, or pandemic.
The execution of the obligation is suspended for the duration of the force majeure. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
Article 15
Resolution
Without prejudice to the right to claim compensation for the damage and/or loss suffered, in the event of non-performance by the Buyer of its obligation to pay the price or in the event of non-performance by the Seller of its obligation to deliver the Product in accordance with the provisions of these General Terms and Conditions of Sale, the injured party may, fifteen days after a formal notice sent by registered letter with acknowledgement of receipt which has remained unsuccessful and which specifically refers to this provision, declare the sale to be terminated as of right. The cancellation puts an end to the contract. The parties shall return to each other in full what they have procured.
Article 16
Applicable law – Jurisdiction
THE CONTRACTUAL RELATIONS BETWEEN THE BUYER AND THE SELLER ARE GOVERNED BY FRENCH LAW.
ANY DIFFICULTY ARISING FROM THE EXECUTION, INTERPRETATION OR TERMINATION OF THESE GENERAL CONDITIONS OF SALE AND THE ORDERS RESULTING FROM THEM, OR MORE GENERALLY FROM THE COMMERCIAL RELATIONSHIP BETWEEN THE SELLER AND THE BUYER, WHICH CANNOT BE RESOLVED AMICABLY, SHALL BE SUBMITTED TO THE FRENCH COURTS IN THE JURISDICTION OF METZ.
Article 17
Nullity, Invalidity or Inapplicability of a Clause and Independence of the stipulations of the present General Conditions of Sale
If any of the stipulations of these General Terms and Conditions of Sale were to be annulled, invalidated or judged inapplicable by a law, regulation or court decision, this stipulation shall be deemed not to have been written and the other stipulations shall remain in force between the parties and shall retain all their force and scope.
Article 18
Non-waiver
The fact that either party does not avail itself of rights granted by these General Terms and Conditions of Sale or the fact that either party does not request or demand the application, execution or observance of a stipulation, obligation or condition provided for in these General Terms and Conditions of Sale, shall not affect the right of either party to demand the execution or observance thereof at a later date.
Article 19
Title
In case of difficulty of interpretation between any of the titles and any of the clauses, the content of the clause shall prevail over the title.
Article 20
Duration and Modifications of these General Terms and Conditions of Sale
The present General Terms and Conditions of Sale may be subject to subsequent modifications, in particular to take into account legislative and regulatory changes. The version applicable to the purchase of Products by the Buyer is the one in force at the date of acceptance of the Order by the Seller under the conditions set above.
Updated on 16/12/2021
General conditions for the sale of products to consumers
The purpose of the present General Terms and Conditions of Sale is to define and determine the conditions under which the Seller, the company ICONIC ITEM S.A with the trade name BLACKTRACK MAGNETIC, with a capital of 31 000€, having its registered office at 1 RUE DE L’ALZETTE, L-7210, HELMSANGE (HELSEM), LUXEMBOURG registered in the Luxembourg Trade and Companies Register under number LU 2828 5816 (hereinafter referred to as the “Seller”) provides all the products offered for sale by the Seller on its website blacktrackmagnetic.com and, where applicable, in its catalogues (hereinafter referred to as the “Products”) to any non-professional purchaser (hereinafter referred to as the “Customer”). By “non-professional buyer” is meant, on the one hand, the consumer, i.e. any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, artisanal, liberal or agricultural activity and, on the other hand, the non-professional, i.e. any legal entity that does not act for professional purposes.
Article 1
Pre-contractual information communicated to the Customer prior to the Sale
The Customer acknowledges having been informed, prior to any purchase of a Product, in a legible and comprehensible manner, of these General Terms and Conditions of Sale and of all legal information, in particular information concerning:
the identity of the Seller, its status, its legal form, its postal, telephone and electronic contact details, its activities, its RCS number, information relating to the identity and contact details of the website host;
the essential characteristics of the Products;
the price of the Products and related costs (in particular delivery costs);
the terms of delivery of the Products, the date or time by which the Seller undertakes to deliver the Products;
the terms of payment for the Products;
the terms of execution of the Sale;
the procedures provided by the Seller for handling complaints;
the information relating to the legal guarantees of conformity and hidden defects and their implementation procedures;
the duration of the contract when it is not executed immediately;
any financial guarantee or professional liability insurance taken out by the Seller, the details of the insurer or guarantor and the geographical coverage of the contract or commitment;
the existence of the right of withdrawal, its conditions, its time limit, its terms of exercise, the standard withdrawal form and the conditions under which the Customer does not benefit from the right of withdrawal;
the fact that the Customer bears the cost of returning the Product in the event of withdrawal;
information on the costs of using the distance communication technique, information on how to terminate the sale;
information relating to the methods of settling disputes and the possibility of resorting to conventional mediation in the event of a dispute under the conditions set out in the Consumer Code.
Article 2
Seller’s details
Company name: ICONIC ITEM S.A
Commercial name: BLACKTRACK MAGNETIC
Legal form: Limited liability company
Registered office: 1 RUE DE L’ALZETTE, L-7210, HELMSANGE (HELSEM), LUXEMBOURG
RCS: LU 2828 5816
Tel: +352 24 84 00 59
Mail: contact@blacktrackmotors.com
Article 3
Activities of the Seller and essential characteristics of the Products
The Seller is engaged in the retail and wholesale sale of Products in the field of accessories, sports and leisure articles for motorbikes and cars. The essential characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the Seller’s communication media and in particular on its website accessible at the address blacktrackmagnetic.com and its catalogues and leaflets. The photographs and graphics presented are not contractual and shall in no way engage the responsibility of the Seller. The Customer must refer to the description of each Product in order to know its properties and essential characteristics.
Article 4
Scope of application of these General Terms of Sale
These General Terms and Conditions of Sale apply, without restriction or reservation, to all purchases of Products made by the Customer, to the exclusion of any other document. Consequently, these General Terms and Conditions of Sale replace and cancel all declarations, prior negotiations, commitments of any kind, communications, oral or written, acceptances and prior agreements made between the Seller and the Customer.
These General Terms and Conditions of Sale are available at any time on the Seller’s website and are systematically communicated to all Customers prior to any final validation of an Order for Products. The Customer is obliged to read them and declares that he/she has read them by ticking the appropriate box before confirming the Order. It is the Customer’s responsibility to read the General Terms and Conditions of Sale before submitting a definitive Order. The final validation of the Order implies acceptance without restriction or reservation of these General Terms and Conditions of Sale. The Customer declares that they are of legal age and capable of entering into a contract under French law and, where applicable, that they are the valid representative of the person for whom they are contracting.
Article 5
Purchase of Products
The Products are offered for sale on the Seller’s website accessible at blacktrackmagnetic.com within the limits of available stocks.
The Customer proceeds to the purchase of the Products online by selecting, under his sole responsibility, the Product(s) of his choice and by adding them to the “shopping cart” (hereafter referred to as the “Order”).
In the event of prolonged inactivity when connecting to the website, it is possible that the selection of Products chosen by the Customer before this inactivity is no longer guaranteed. In this case, the Customer shall be invited to restart their selection of Products from the beginning.
Before finally validating the Order, it is the Customer’s responsibility to check the details of the Order, the Product(s) selected, the quantity and, where applicable, the options chosen (such as colour), the total price of the Order and to correct any errors.
The final validation of the Order after this verification implies the acceptance of the total price of these General Terms and Conditions of Sale and constitutes proof of the sales contract. The sale shall be deemed final (and the contract shall be concluded between the parties) as of the final validation of the Order by the Customer and subject to the effective payment of the price by the Customer.
Once the Customer’s Order has been definitively confirmed, the Customer shall receive an electronic acknowledgement of receipt of the Order, which shall be deemed to be confirmation of the Order by the Vendor, at the e-mail address provided at the time the Order was placed. The time limits shall only start to run once the Customer has received this acknowledgement of receipt.
The data recorded in the Vendor’s computer system shall constitute proof of all transactions concluded with the Customer, unless proven otherwise. In accordance with the provisions of Article L. 213-1 of the French Consumer Code, the Seller shall keep the written record of the Order for any Order equal to or greater than 120 euros for a period of ten (10) years and shall guarantee access to the Customer at any time if the Customer so requests.
The Seller undertakes to honour the Order only within the limits of the available stocks of Products. If the Products are not available, the Seller undertakes to inform the Customer, who shall obtain a refund of all sums paid for the unavailable Products within thirty (30) days of payment.
However, the Seller reserves the right to refuse the Order if it is abnormal, placed in bad faith or for any other legitimate reason, and in particular if there is a dispute with the Customer concerning the payment of a previous order.
Article 6
Price of the Products
The price of the Products sold is indicated on the website by article and reference respectively. The Products are supplied at the prices in force on the Seller’s website, accessible at blacktrackmagnetic.com, on the day the Customer places the Order.
Prices are expressed in Euros and in pounds, depending on the Customer’s currency, and include all taxes. For deliveries outside the European Union, all taxes will be calculated before the cart is validated and will be payable.
These prices are firm and non-revisable during their period of validity.
The prices indicated do not include the cost of transport and delivery of the Products.
For all Products shipped outside the European Union, the price will be calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They shall be borne and are the sole responsibility of the Customer.
Article 7
Methods of payment for the Products
The price of the Products is payable and due in full on the day of purchase of the Products by credit card or bank transfer or payment solutions offered by third party companies whose conditions the Customer has expressly accepted.
The payment methods available on the blacktrackmagnetic.com website are:
Visa
Mastercard
Paypal
Sofort
GiroPay
Bancontact
Twint
iDeal
By providing their bank card details, the Customer authorises the Seller to debit his bank card for the amount corresponding to the all-inclusive price of their Order. To this end, the Customer confirms that they are the holder of the bank card to be debited and that the name on the bank card is indeed their own. The transaction shall be debited immediately to the Customer’s bank card after verification of the data on the card, on receipt of the debit authorisation from the company issuing the bank card used by the Customer. In the event that it is impossible to debit the full price, the sale shall be cancelled immediately by operation of law. The Seller shall use all means to ensure the confidentiality and security of the data transmitted on the website.
In addition, the Seller reserves the right to suspend or cancel the Order placed by the Customer in the event of non-compliance with the payment conditions set out above.
Article 8
Delivery of the Products
Delivery address
When the Order is ready to be dispatched, the Customer shall receive electronic confirmation of the dispatch of the Order. Delivery shall be made to the delivery address indicated by the Customer at the time of placing the Order.
Delivery time
The Products ordered by the Customer shall be delivered within the timeframe indicated at the time of the final validation of the Order. This delivery time may vary depending on the availability of the Products ordered. It shall run from the date of confirmation of the Order by the Seller, shall be understood to be in working days and shall correspond to the average time required to prepare and deliver the Order to the address indicated by the Customer. In the absence of the delivery time indicated, the Seller shall deliver the products within ninety days of the conclusion of the sale.
Delay in delivery
If the Products ordered have not been delivered within the period indicated at the time of the final validation of the Order or, failing this, within ninety days after the sale, the Customer may give the Seller formal notice by registered letter with acknowledgement of receipt or in writing on another durable medium to deliver the Products within a reasonable period of time from receipt of the formal notice. If the letter of formal notice remains unfruitful during this reasonable period, for any reason other than force majeure, the sale may then be cancelled at the request of the Customer. The sale shall be deemed to have been terminated upon receipt by the Seller of the letter or writing informing it of such termination, unless the Seller has performed in the meantime. In this case, the sums paid by the Customer shall be returned to him at the latest within fourteen days following the date of cancellation of the sale, to the exclusion of any compensation or deduction.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered in one go.
Packaging and delivery method
The Products will be packaged and delivered according to the methods freely chosen by the Seller and in accordance with the transport standards in force, in order to guarantee maximum protection for the Products during delivery. The Customer undertakes to respect the same standards when returning Products in the event of exercising the right of withdrawal.
In the event of a particular request by the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, based on an estimate previously accepted in writing by the Customer.
When the Customers call upon a carrier that they choose themselves, delivery is deemed to have taken place when the Products ordered are handed over by the Seller to the carrier who has accepted them without reservation. In this case, the Products travel at the Customer’s risk.
Checking the Products
The Customer is required to check the condition of the packaging and the Products upon delivery. It is the Customer’s responsibility to make any reservations and claims that they deem necessary, or even to refuse the package if the package is obviously damaged or already opened upon delivery.
Article 9
Transfer of ownership of the Products
THE TRANSFER OF OWNERSHIP OF THE PRODUCTS FROM THE SELLER TO THE CUSTOMER WILL ONLY TAKE PLACE AFTER FULL PAYMENT OF THE PRICE BY THE CUSTOMER, REGARDLESS OF THE DELIVERY DATE OF THE PRODUCTS.
Article 10
Transfer of risks of the Products
Except when the Customers call upon a carrier that they choose themselves, independent of the Seller, in which case the transfer of risks is carried out at the time of delivery of the Products ordered by the Seller to the carrier chosen by the Customer, whatever the date of transfer of ownership of the Products, the transfer of the risks of loss and deterioration of the Products will take place on delivery of the Products.
Article 11
Legal guarantees on the Products
The Products offered for sale comply with the regulations in force in France. The Seller is bound by the following terms and conditions of implementation and deadlines:
The legal guarantee of conformity under the conditions of articles L. 217-4 and following of the Consumer Code; this guarantee applies to Products that appear to be defective, damaged or do not correspond to the Order. This warranty includes defects in conformity resulting from the packaging, the assembly instructions or the installation when the Seller was responsible for the latter at the time of the sale or when it was carried out under its responsibility.
The legal guarantee for hidden defects under the conditions of articles 1641 and following of the Civil Code; this guarantee applies to defects in the Product resulting from a material, design or manufacturing defect affecting the Product delivered and making it unfit for use.
Exercise of the guarantees
In order to exercise their rights under the legal guarantee of conformity or the legal guarantee of hidden defects, the Customers must inform the Seller, in writing, at the address indicated above (article “Seller’s contact details”) of the non-conformity of the Products or of the hidden defects as soon as they are aware of the non-conformity of the Products or of the hidden defects, and return the defective Products or parts of the Products (if they can be disassembled) in the state in which they were received, together with all of the elements (accessories, packaging, instructions, etc.)
Time limits for action and methods of repair or replacement of the Products
When acting under the legal guarantee of conformity, the Customer has a period of two years from the delivery of the Product to act. They may choose, free of charge, between repairing or replacing the Product (where possible), subject to the cost conditions provided for in Article L 217-9 of the Consumer Code. Defects of conformity that appear within twenty-four months from the delivery of the Product are presumed to exist at the time of delivery, unless proven otherwise. For Products sold second-hand, this period is set at six months. The Seller may rebut this presumption if it is not compatible with the nature of the Product or the alleged lack of conformity. If it is impossible to repair or replace the Product, the Customer may return the Product and have the price returned or keep the Product and have part of the price returned. The same right to reimbursement is available to the Customer if the solution requested, proposed or agreed upon pursuant to Article L. 217-9 of the Consumer Code cannot be implemented within one month of the Customer’s complaint or if this solution cannot be implemented without major inconvenience to the Customer given the nature of the Product and the use they are seeking. However, the sale may not be cancelled if the lack of conformity is minor. In case of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts. Refunds will be made by crediting the Customer’s bank account.
When acting under the legal guarantee for hidden defects, the Customer may choose between the cancellation of the sale or the reduction of the sale price in accordance with Article 1644 and following of the Civil Code. In the event of cancellation of the contract, the Seller shall reimburse as soon as possible the Products with hidden defects, duly proven by the Customer. In case of delivery, the shipping costs will be reimbursed on the basis of the invoiced rate and the return costs will be reimbursed upon presentation of the receipts. Refunds will be made by crediting the Customer’s bank account.
Article 12
Liability of the Seller
The Seller shall not be liable in the event of stock shortage, unavailability of the Product, force majeure, misuse of the Product, use not in accordance with the instructions for use provided by the Seller, use for professional purposes, negligence or lack of maintenance by the Customer, or in the event of normal wear and tear of the Product or failure of the Product in the event of an accident.
Article 13
Right of withdrawal (valid only for internet sales “distance contracts”)
In the event of a distance sale of Products, the Customer is informed that they have the right to withdraw from the sale. The Customer may exercise this right without having to give reasons for his decision or to bear any costs other than those provided for in Articles L. 221-23 to L. 221-25 of the French Consumer Code within fourteen days of receipt of the Product by the Customer.
In the case of an Order for several Products delivered separately or in the case of an Order for a Product consisting of multiple batches or parts whose delivery is staggered over a defined period of time, the period shall run from the date of receipt of the last Product or batch or part. The day of receipt of the Product shall not be counted as part of the aforementioned fourteen-day period. The period shall start at the beginning of the first hour of the first day and end at the end of the last hour of the last day of the period. If this period expires on a Saturday, Sunday or public holiday, it shall be extended to the next working day.
In order to exercise the right of withdrawal, the Customer must notify the Seller of their decision to withdraw from the sale before the expiry of the aforementioned fourteen-day withdrawal period by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) or by sending the withdrawal form below duly completed.
In the event of withdrawal, the Customer shall return the Products to the Seller or to a person designated by the latter, without undue delay and, at the latest, within fourteen days of communicating their decision to withdraw, unless the professional offers to collect the Products themselves. The Customer shall bear the direct costs of returning the Products. We recommend that you send the Products back to us with a tracking number so that you have proof of the shipment and we recommend that you send them back by DHL. Exceptionally, we will pay for the cost of returning the Products from a country within the European Union provided that the Customer complies with the DHL return procedure.
Payments received by the Seller shall be refunded to the Customer no later than ten days from the day the Seller is informed of the decision to withdraw. Unless the Seller offers to collect the Products themselves, the Seller may postpone the refund until the Products have been collected or until the Customer has provided proof of dispatch of the Products, whichever is the earlier.
The Seller shall make this refund using the same means of payment as the one used by the Customer for the initial transaction. The Seller shall not be obliged to reimburse additional costs if the Customer has expressly chosen a more expensive delivery method than the standard delivery method offered by the Seller.
The right of withdrawal cannot be exercised in the case of :
Products that are personalised or made to the Customer’s specifications.
Products which have been unsealed by the Customer after delivery and which cannot be returned for reasons of hygiene or health protection.
Terms of reimbursement in the case of a purchase made partially with a gift card, by the Beneficiary of this gift card
The “Customer” is the natural person who purchased the gift card.
The “Beneficiary” is the natural person who has been offered the gift card.
The Customer undertakes to inform the Beneficiary of the present Terms and Conditions as well as the Terms of Use appearing on the blacktrackmagnetic.com website.
In the case of an Order partially paid with a gift card and completed by another means of payment, the Beneficiary has the same period to apply their right of withdrawal, namely fourteen days from the receipt of the Product by the Beneficiary. In the event of a refund, the Beneficiary will receive a new gift card containing the exact amount spent with the gift card used for the Product for which a refund is requested. The part of the amount paid with another means of payment will be credited to the bank account associated with that same means of payment.
The Beneficiary’s new gift card is valid for 12 months from the date of its receipt by the Beneficiary.
Refund procedure in the case of the purchase of a gift card
A gift card is considered as a Product. The Customer has a 14-day withdrawal period from the date of receipt by the Customer. Any request for reimbursement of the balance of the gift card must be made at the latest during the aforementioned 14-day withdrawal period in writing using the online form on the blacktrackmagnetic.com website.
The request must include your full contact details (surname, first name, postal address) and be accompanied by the following supporting documents:
– The card for which the refund is requested,
– IBAN number (appearing on your bank account statement) of the bank account with which the purchase of the gift card was made.
The refund will be made by bank transfer to the bank account associated with the payment method used when the gift card was purchased.
Article 14
Intellectual property
The sale of the Products does not give the Customer any right to the trademarks or distinctive signs affixed by the Seller on the Products and the associated documentation. Furthermore, the Seller remains the owner of all intellectual property rights, in particular, on the photographs, presentations, studies, drawings, models and prototypes produced in the context of the supply of the Products. Consequently, the Customer shall refrain from any reproduction or use of the said photographs, presentations, studies, drawings, models and prototypes, in particular, without the Seller’s express, written and prior authorisation.
Article 15
Suspension of performance of one or more obligations
The Seller or the Customer may refuse to perform its obligation, even though it is due, if the other party does not perform its obligation and if this non-performance is sufficiently serious.
The Seller or the Customer may suspend the performance of its obligations when it is clear that the other party will not perform its obligations within the time limits and under the conditions provided for in the Order and that the consequences of such non-performance are detrimental to the injured party. Any suspension shall be subject to reasonable notice and shall be notified as soon as possible.
Article 16
Compulsory performance in kind
In the event of a failure by either party to fulfil its obligations, the party suffering the failure may not seek compulsory execution, in derogation of the provisions of Article 1221 of the Civil Code. It may only, in the event of non-performance of any of the obligations incumbent on the other party, request the termination of the sale in accordance with the terms and conditions stipulated in these General Conditions of Sale.
Article 17
Force majeure
The Seller shall not be held liable if the non-performance or delay in the performance of any of its obligations, as described in these General Terms and Conditions of Sale, is due to force majeure.
For the purposes of these General Terms and Conditions of Sale, “force majeure” is considered to be the cases usually accepted by jurisprudence, as well as any total or partial strike by a third party (and in particular by the carrier or its services), flooding, fire or other natural disasters, interruption of telecommunications or Internet networks, or epidemic.
The execution of the obligation is suspended for the duration of the force majeure. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.
Article 18
Resolution
Without prejudice to the right to claim compensation for the damage and/or loss suffered, in the event of non-performance by the Customer of its obligation to pay the price or in the event of non-performance by the Seller of its obligation to deliver the Product in accordance with the provisions of these General Terms and Conditions of Sale, the injured party may, fifteen days after a formal notice sent by registered letter with acknowledgement of receipt which has remained unsuccessful and which specifically refers to this provision, automatically terminate the sale. The cancellation puts an end to the contract. The parties must return all of what they have obtained to each other.
Article 19
Mediation
The Customer is informed that they have the right in any case to have recourse free of charge to a consumer mediator with a view to the amicable settlement of the dispute which opposes them to the Seller in all disputes of a contractual nature relating to the execution of the sale. The text covers both national and cross-border disputes.
Prior to any mediation, the Customer is invited to try to resolve his dispute directly with the Seller by means of a written complaint.
If the dispute with the Seller persists, the Customer may contact the Consumer Ombudsman free of charge. While waiting for the referencing of a consumer mediator with official competence in its commercial sector, the Seller proposes recourse to the consumer mediation service of Devigny Médiation, whose contact details are as follows: 9 Avenue René Gasnier D01 49100 in Angers, contact@devignymediation.fr, 02 41 25 47 58 or on https://devignymediation.fr/.
The Customer must refer the matter to the mediator within a maximum period of one year after having tried to resolve the dispute directly with the Seller.
The solution proposed by the mediator is not binding on the Parties to the contract.
The Customer may, at his own expense, be assisted by a counsel of his choice.
Article 20
Online dispute resolution platform
In the event of a cross-border dispute in Europe, it is possible to have recourse to the European Consumer Centre (ECC). An online dispute resolution platform is available to the Customer in the event of an online purchase of Products, accessible at the following address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR
Only complaints relating to the online sale of Products will be taken into account by the said platform.
Article 21
Applicable law – Jurisdiction
The contractual relations between the Customer and the Seller are governed by French law.
Any difficulty arising from the execution, interpretation or termination of these General Terms and Conditions of Sale and the Orders resulting therefrom, or more generally from the commercial relationship between the Vendor and the Customer, that cannot be resolved amicably, shall be submitted to the competent courts under the conditions of common law.
Article 22
Nullity, Invalidity or Inapplicability of a Clause and Independence of the stipulations of these General Terms and Conditions of Sale
If any of the stipulations of these General Terms and Conditions of Sale were to be annulled, invalidated or judged inapplicable by a law, a regulation or a court decision that has become final, this stipulation shall be deemed not to have been written and the other stipulations shall remain in force between the parties and shall retain all their force and scope.
Article 23
Non-waiver
The fact that either party does not avail itself of rights granted by these General Terms and Conditions of Sale or the fact that either party does not request or demand the application, execution or observance of a stipulation, obligation or condition provided for in these General Terms and Conditions of Sale, shall not affect the right of either party to demand the execution or observance thereof at a later date.
Article 24
Title
In the event of difficulty of interpretation between any of the titles and any of the clauses, the content of the clause shall prevail over the title.
Article 25
Election of domicile
For the purposes of these terms and conditions, the Seller elects domicile at the address indicated in the article “Contact details of the Seller”.
Article 26
Modifications to these General Terms and Conditions of Sale
The present General Terms and Conditions of Sale may be subject to subsequent modifications, in particular to take into account legislative and regulatory changes. The version applicable to the purchase of Products by the Customer shall be the one in force on the date of acceptance of the Order by the Seller under the conditions set out above.
Updated on 16/12/2021
Download the withdrawal form
Download the information concerning the exercise of the right of withdrawal
Company name: ICONIC ITEM S.A
Legal form: Limited liability company
Registered office: 1 RUE DE L’ALZETTE, L-7210, HELMSANGE (HELSEM), LUXEMBOURG
RCS: LU 2828 5816
Tel: +352 24 84 00 59
Mail: contact@blacktrackmotors.com