TERMS AND CONDITIONS

March 2019

These terms and conditions shall be governed by and construed in accordance with french Law and all parties shall submit to the exclusive jurisdiction of the French Courts.

These General Conditions of Sales hereinafter referred to as “Terms and conditions”are concluded between:

– the Clients as natural persons wishing to make a purchase via the SuperBolide website hereinafter referred to as “Customer”,

– And the SuperBolide company, with capital of 31,300 euros, whose head office is at 989 route de la Blonnière – 74230 Dingy St Clair – France, registered with the Annecy RCS (France) under the number SIREN 848 284 618 and intra-Community VAT FR84 848284618, hereinafter referred to as “SuperBolide”.

The Terms and Conditions, as well as the Purchase Order and the Order Confirmation constitute the sales contract between the Customer and SuperBolide concerning the sale of the Ordered Products. Any Order made on the Website www.superbolide.com implies that the Customer fully and unreservedly accepts the Terms and Conditions in their entirety. The General Terms and Conditions also apply in the relationship with any user of the Website having placed Order or not. In case of disagreement with the Terms and Conditions, the Customer must not use the Website.

SuperBolide reserves the right to adapt or modify these General Terms and Conditions of Sale at any time and without notice, the adaptations or modifications then being applicable to all Orders subsequent to these adaptations or modifications. In case of modification, the Terms and Conditions applicable to the Customer’s Order are those that were online, and that the Customer has accepted on the day of placing the Order.

DEFINITIONS

The terms and expressions identified by a capital letter in the General Terms and Conditions of Sale have the following meanings (whether used in the singular or the plural).

– “Terms and Conditions”: refers to this document, the terms and conditions that apply in the relationship between SuperBolide and the Customer

– “Order(s)”: refers to the Customer’s purchase order for one or more Product(s) spent using the Website or via Customer Service

– “Website”: means the website accessible at www.superbolide.com and www.superbolide.fr.

– “SuperBolide”: means the seller is the company SuperBolide

– “Product(s)”: means a product presented for sale on the Website

– “Customer(s)”: means a consumer who uses the Website and acquires one or more Product(s) or Service(s), for his personal needs, through the website or SuperBolide.

ARTICLE 1: PURPOSE AND SCOPE

These General Terms of Sale are intended to define the rights and obligations of SuperBolide and the Customer. They apply to all sales of Products offered on the SuperBolide website, whether the Order was placed by telephone, by post, by e-mail or on the Internet at one of the following Superbolide properties: www.superbolide .com, www.superbolide.fr.

Any Order from the company SuperBolide necessarily assumes the knowledge of the Customer, these terms and conditions of sale, prior to the Order, and acceptance of all of their content by the Customer. The Terms and Conditions applicable are those in force on the day of the validation of the Order by the Customer. SuperBolide reserves the right to modify at any time and without notice the Terms and Conditions, the modifications then being applicable to all Orders subsequent to this modification.

The General Terms and Conditions of Sale are reserved for the Consumer Customer, whether private or professional.

ARTICLE 2: GEOGRAPHICAL COVERAGE OF THE OFFER

Products sold online presented on the SuperBolide website are delivered in mainland France, Corsica and Monaco, as well as in the countries of the European Union.

The geographical area of ​​coverage of each sale may vary according to the distribution agreements of each of the referenced suppliers as well as delivery methods. SuperBolide will be able to use “country filters” on the site, which will block orders from countries not covered by the offer.

ARTICLE 3: CONDITION TO CARRY OUT AN ORDER

Only persons legally able to take out contracts for the Products offered for sale on the Site may place an Order on the Website. When placing the Order, the Customer guarantees to have the full legal capacity to adhere to the Terms and Conditions of Sale, place an Order and close a sale.

Customers wishing to place an Order guarantee that they are fully entitled to use the means of payment and that these means of payment give access to sufficient funds to cover all the costs resulting from the purchase of the Products.

SuperBolide reserves the right to refuse Orders to any Customer in case of unavailability of the ordered products, the existence of a dispute between the Customer and SuperBolide regarding a previous Order and / or the payment of an invoice.

ARTICLE 4: PROCEDURE AND MODALITY OF ORDER

The Customer may place his Order on the Internet via the website www.superbolide.com. To Order Products on the Website, the Customer must create an account by providing the required information in the registration form. For this purpose, the Customer declares to provide complete personal information, not erroneous of a nature to allow to carry out its precise identification in any situation. Any fanciful, slanderous personal information may result in the closure of the Client’s account and the cancellation of the Order.

The Customer is responsible for all actions performed on the Website using his username and password. Any user registered on the Site will be engaged for any Order placed with the entry of its identifiers, subject to the right of withdrawal of Article 9.4.

The validation click after completing the order form constitutes the confirmation of the Customer Order, and constitutes an electronic signature of the same value as a handwritten signature. It will be deemed irrevocable acceptance of the Terms and Conditions. The conclusion of the contract will be effective only after sending an email confirmation of the registration of the Order by SuperBolide. SuperBolide can not be held responsible for errors in the seizure by the Customer, or their possible consequences in terms of delay or error of delivery. In these cases, the costs incurred by a possible reshipment will be borne by the Customer.

After registration of the Order, a detailed printable invoice by the Customer will be available on the website www.superbolide.com under the heading “Your Account”. SuperBolide reserves the right to refuse a delivery or to honor an Order in cases where the Customer has not fully or partially paid a previous Order, or in the event that a payment dispute remains.

ARTICLE 5: STOCK AND AVAILABILITY

The Products offered on the www.superbolide.com website are accompanied by an indicative period of availability and delivery times. This information is updated regularly. A Product mentioned “in stock” is present in own stocks of SuperBolide. The actual availability of a Product may vary rapidly depending on the sales made on the site or the stock of the Products at our suppliers (the supply takes place for some products in just-in-time).

SuperBolide can not be held responsible if the indicative time of availability of the Product or Products, and their delivery is modified. In the event of unavailability of Products after the order has been placed, SuperBolide undertakes to contact the Customer as soon as possible by phone or email. The Customer may choose to maintain his Order or cancel it. If applicable, SuperBolide will make the refund by crediting the bank account no later than thirty (30) days following the Customer’s payment.

ARTICLE 6: PRICES, PAYMENT AND CUSTOMS FORMALITIES

Price: The prices of our products are indicated in euros all French taxes included, and are firm and final. They do not include shipping charges and other processing fees related to the Customer Order charged in addition and indicated before the validation of the Order. SuperBolide reserves the right to change prices at any time without notice. The Products will be invoiced to the Customer on the basis of the rates recorded at the time of the validation of the Order.

Customs duties: Import formalities, customs duties and any taxes related to the delivery of an article outside the European Union, are the responsibility and are the sole responsibility of the Customer. They must be paid to the competent authorities of the country of delivery. The customer is solely responsible for verifying the possibilities of importing the Products ordered under the law of the country of delivery. SuperBolide is not required to verify and inform the customer of customs duties and other applicable taxes. To know them, SuperBolide advises the Customer to inquire with the competent authorities of his country.

MEANS OF PAYMENT ACCEPTED

Payment by credit card

The payment of the total price is due to the Order by the Customer who undertakes to pay the price stipulated for the item(s) Ordered(s) including the price of items, as well as postage and other Order processing fee. Only payment by one of the following credit cards will be accepted: CB, Visa, Eurocard, Mastercard. The debit of the card is made at the time of the confirmation of the Order. The Customer warrants to the company SuperBolide that he has the necessary authorizations to use the card payment method when ordering. As part of the fight against Internet fraud, SuperBolide reserves the right to request a photocopy of the identity card and proof of address for any payment.

Security and confidentiality: SuperBolide implements all necessary means to ensure the security and confidentiality of the data transmitted on the site www.superbolide.com (including online payment). For this purpose, the website www.superbolide.com uses a system of remote payment and encryption of data in SSL (Secure Socket Layer) mode, which never transit in clear on the network. In addition, the transaction is made via the Stripe banking platform which only has the confidential information (card number, validity date) provided by the Customer at the time of payment.

Payment with PayPal (Coming soon)

You can pay for your online purchases safely. With PayPal, your purchases are protected and you pay without entering your bank details. PayPal is easy to use and completely secure. This service offers to pay online simply by identifying with his email address and a password. It is not necessary to feed your PayPal account in advance. The source of supply you have chosen (credit card or bank account) is automatically debited at the time of your transaction.

In accordance with the french Data Protection Act of January 6, 1978 the Customer has, at any time, a right of access, rectification, and opposition to all of his personal data by writing, by mail and by justifying of its identity, to SuperBolide – 989, route de la Blonnière – 74230 Dingy St Clair – France.

ARTICLE 7: DEFAULT OF PAYMENT AND RESERVATION OF PROPERTY

The Ordered Products remain the property of SuperBolide until the final and full payment of their price, shipping and taxes included. In case of default of payment, the Customer is required to return the goods concerned to SuperBolide, in new condition and original packaging, return costs to him, under penalty of legal proceedings. Any attempt to fraudulently use a means of payment will also be prosecuted.

ARTICLE 8: DELIVERY

The Products are delivered to the delivery address mentioned during the Order process in the destinations referred to in Article 3 above. In case of error in the wording of the coordinates SuperBolide can not be held responsible for the impossibility of delivery. In this case the costs incurred for a new delivery will be charged to the Customer and billed at their actual cost. SuperBolide undertakes to make the delivery of the ordered items as soon as possible depending on the delivery method chosen and the availability of items. The delivery times indicated on the site www.superbolide.com are usual average delays and correspond to the total time of treatment and routing. When you order several products at the same time and the shipping times are different, the actual shipping time may be the longest time, the whole order being prepared when all the products that constitute it are in stock at SuperBolide. SuperBolide reserves the right to split these shipments, participation in shipping costs will be charged on the basis of a single shipment. Delivery is deemed made upon delivery of the product to the Customer. The delivery note delivered by the carrier, dated and signed by the Customer at the time of the delivery of the Order will constitute proof in the matter of transport and delivery.

Verification of the condition of the package upon delivery

During delivery, the Customer must verify in the presence of the carrier the contents, the conformity and the condition of the goods within the parcel(s). In the event that the Customer will notice a defect of any kind whatsoever on the condition of his parcel or the goods received, he must issue precise handwritten reserves, dated and signed on the carrier’s delivery note. Verification of the parcel delivered is deemed made and can no longer be disputed, provided that the Customer or any person authorized to receive the parcel has signed the delivery note. It is the Customer’s responsibility to exercise recourse to the carrier by registered letter with acknowledgment of receipt within three (3) working days of receipt and to send a copy to SuperBolide. The responsibility of SuperBolide can not in any case be questioned.

Late delivery

All deadlines indicated on the site www.superbolide.com are considered in working days (that is from Monday to Friday). In case of delay, damage, total or partial loss, or any other problem, it is the Customer to make any recourse to the carrier without the responsibility of SuperBolide can never be questioned. The Customer must still notify by email SuperBolide (via the contact form on the website www.superbolide.com) within ten (10) days of receipt by email of the order confirmation.

Withdrawal in case of absence

In case of absence of the recipient during the delivery, the carrier will deposit a notice of passage to the delivery address indicated by the Customer. The Order must be withdrawn at the address and in the manner indicated by the carrier. In case of non-withdrawal within the deadline set by the carrier, the Order will be returned to SuperBolide, which reserves the right to refund the price of the Products, the shipping costs remaining the responsibility of the Customer. 

ARTICLE 9: RETRACTATION

In accordance with the french law n° 2014-344 of March 17, 2014 relating to consumption, the Customer has a period of fourteen (14) working days from the day after the day of delivery of his Order, to exercise his right of retraction without having to justify reasons. Return costs are the responsibility of the Customer. The Product must be returned within fourteen (14) days, properly protected in its packaging and in its original condition, accompanied by any accessories, instructions and documentation. The Product must not have been used, or have undergone any deterioration so minimal and it must be in a state of perfect cleanliness. The Customer must inform the customer service SuperBolide (by mail to contact(at) superbolide.com) before returning the goods, to the following address: SuperBolide, 989 route de la Blonniere – 74230 Dingy St Clair – France, accompanied by the purchase order or a copy of the printable sales invoice in the heading “Your account” of the site www.superbolide.com.

Any risk related to the return of the Order is the responsibility of the Customer. In case of dispute, the Customer must be able to provide proof of shipment.

SuperBolide will refund the Customer as soon as possible and at the latest within fourteen (14) days following the day of receipt of the returned item (s). The refund will be made to the billing address registered at the time of placing the Order by the Customer.

The right of withdrawal does not concern rapidly perishable goods that can not be reshipped and Products possibly customized or made according to the Customer’s specifications (custom-made for example).

ARTICLE 10: GUARANTEE OF COMPLIANCE

SuperBolide undertakes to refund or exchange according to available stocks all Products that may be defective, for a period of 3 months from the date of delivery, subject to normal use and in accordance with the recommendations of the instructions for use and documents attached by the manufacturers.

In any case, the Customer benefits from the provisions of the legal guarantee including those relating to the guarantee of hidden defects.

For the implementation of the warranty, the Customer must report in detail by mail (contact(at)superbolide.com), and return the product to SuperBolide, at its expense, enclosing a copy invoice or preparation slip. The product will be exchanged by an identical product and sent to the Customer, at the expense of SuperBolide, provided that this product is in stock or always referenced by SuperBolide. Otherwise, the product will be refunded by SuperBolide.

Any refund will be ensured as soon as possible and at the latest in the thirty (30) days following the date of reception of the Products by SuperBolide. The refund will be made to the billing address registered when placing the Customer Order.

ARTICLE 11: RESERVATION OF PROPERTY

Any Order remains the property of SuperBolide until the final and full payment of the latter by the Customer. The transfer of responsibility to the Customer is effective upon delivery of the package by SuperBolide to the carrier or full payment of the total amount of the Order.

ARTICLE 12: “COMPUTER AND FREEDOM” ACT

The information requested by SuperBolide is essential to the management of the Customer Order. In accordance with the french law “Informatique et Libertés” of January 6, 1978, the processing of this personal information is the subject of a declaration to the Commission Nationale Informatique et Libertés (CNIL). The Customer thus has the right to access, modify, rectify and delete data concerning him at any time from SuperBolide. He can exercise it by simple request by mail to contact(at)superbolide.com.

Depending on the selection made by the Customer when creating or modifying his account, he may receive information and commercial offers from SuperBolide and other companies. The Customer may at any time decide to no longer receive this information and commercial offers SuperBolide, either by changing its selection on the site www.superbolide.com in the “Your Account” or by specifying its request by mail via the form contact on the site, or by unsubscribing directly through the link provided for this purpose at the bottom of the mail.

ARTICLE 13: INTELLECTUAL PROPERTY

All the elements published within the Website www.superbolide.com, such as sounds, images, photographs, videos, writings, animations, programs, graphic chart, utilities databases, software, and other underlying technology is protected by the provisions of the Intellectual Property Code and belong to SuperBolide.

The mark SuperBolide, as well as all figurative marks or not, and more generally all other brands, illustrations, images and logos on articles, their accessories or their packaging, whether deposited or not, are and will remain the exclusive property of SuperBolide, except for the rights held on the visuals of the Products, brands and logos of the suppliers of the Products presented on the Website.

Any total or partial reproduction, modification or use of these marks, illustrations, images and logos, for any reason and on any medium whatsoever, without the express prior agreement of SuperBolide is strictly prohibited.

Apart from any solicitation from him, SuperBolide prohibits any affixing of a hypertext link to the Website. A Customer wishing to place on his personal website a link directly to the home page of the Website, must first request the express permission of SuperBolide.

ARTICLE 14: LIABILITY

Products offered on www.superbolide.com comply with French legislation and standards in force. SuperBolide can not be held responsible for the non-fulfillment of the contract following a stock-out, a case of force majeure, total or partial strike of the postal services or carriers, a computer breakdown, a telecommunications deficiency including networks and especially the Internet.

Since www.superbolide.com is hosted by an external service provider, SuperBolide can not be held liable for any interruption of the site’s service, the occurrence of bugs, fraudulent intrusion by a third party that has altered the information on the site, inaccuracies or omissions concerning information available on the site or for any resulting damage. SuperBolide can not be held responsible for any indirect damage that may occur as a result of the purchase of the Products. SuperBolide disclaims any responsibility for the content of the site or sites on which hypertext links may return from its own site, unable to control the content. SuperBolide can not be responsible for any loss of data, files. It is the Customer’s responsibility to make the necessary backups.

The photographs, graphics and descriptions of the Products offered for sale are only indicative, are not contractual and do not bind SuperBolide.

ARTICLE 15: SETTLEMENT OF DISPUTES

These Terms and Conditions shall be executed and interpreted in accordance with French law. The parties will seek an amicable agreement in case of dispute. In its impossibility, the exclusive jurisdiction will be attributed to the Commercial Court of Annecy – France.

ARTICLE 16 – OTHER TERMS

In the event that one or more of the provisions of the Terms and Conditions are considered unlawful or unenforceable by a competent court, the other stipulations have remained in force and retained.

The information provided by the site is part of the parts. The computerized registers will be kept in the computer systems of SuperBolide in easily secure conditions and can be easily checked, available to the customer, exchanges, orders and payments on the website or by email. The scope of proof of the information provided by the SuperBolide computer systems is identical to that attributed to an original document.

It is expressly agreed that SuperBolide and the Customer may communicate with each other electronically or by telephone via the number indicated on the Website.

SuperBolide and the Client turns on e-mails exchanged between them and proves the validity of their content, their exchanges, their commitments, in particular their transmission and their acceptance of the Order.

Waiver

The SuperBolide or the Customer does not yet have any rights in the terms and conditions of sale or sale. an express declaration.

Force majeure

The execution by SuperBolide of all or part of its obligations, including delivery, will be suspended in case of occurrence of a fortuitous event or force majeure that would have been delayed.

Are digested as such, including, without this list being limited, war, riots, insurrection, social unrest, and acts of great magnitude.

SuperBolide will inform customers of the occurrence of a fortuitous event or force majeure within seven days of its occurrence. This product is a self-transfer on 15 days, the customer will have the opportunity to cancel the order in progress, and it will then proceed to refund the price of products ordered and delivery fees paid.