Terms of sale
Article 1: Purpose
These Terms and Conditions of Sale (the "T&Cs") define the contractual relationship between RDP EVENTS and the Customer and the conditions applicable to any purchase of a product (hereinafter the "Product") made in the RDP EVENTS online shop at https://www.rallyedupyla.fr/shop
Purchasing a Product on the website https://www.rallyedupyla.fr/shop implies the Customer's unreserved acceptance of these T&Cs, which the Customer acknowledges having read before placing the order.
The Customer declares that they are legally capable of entering into purchase contracts for the Products offered by RDP EVENTS.
RDP EVENTS reserves the right to amend these T&Cs at any time, in order to comply with any new regulation, to improve the use of its website https://www.rallyedupyla.fr/shop or for any reason of its own. Accordingly, the applicable terms shall be those in force on the date the Customer places the order.
Article 2: Products
The Products offered are those shown on the RDP EVENTS website https://www.rallyedupyla.fr/shop.
RDP EVENTS reserves the right to change its range of Products at any time. Each Product is presented on the website with a description of its main technical characteristics (capacity, use, composition, etc.).
The information given on each product page, as well as the photos, videos and animations, are provided for information purposes only.
RDP EVENTS cannot be held liable for any errors they may contain. RDP EVENTS undertakes to make its best efforts to correct, as quickly as possible, any errors or omissions reported to it.
The availability information shown in the RDP EVENTS online shop is given for information purposes only and cannot be held against RDP EVENTS.
Despite all the care taken by RDP EVENTS in managing its stock, an item may become unavailable between the order and the delivery. In this case, the Customer, who will be informed by email or by telephone as soon as possible, may choose between replacing the unavailable product with another product from the RDP EVENTS catalogue or cancelling the order. In the latter case, RDP EVENTS will refund the sums paid by the Customer no later than 14 days after the date on which the order was cancelled.
Article 3: Prices
Product prices are shown in euros, all taxes included (including the VAT applicable on the day of the order), excluding eco-participation and excluding the contribution to handling and shipping costs. RDP EVENTS reserves the right to change its prices at any time, it being understood that Products will be invoiced on the basis of the prices in force when the order is confirmed.
For any order, the price of the Product will be increased by the shipping costs charged by the carrier, where applicable.
Any change in the VAT rate may be passed on to the price of the Products.
Article 4: Sales – promotions – promotional codes
All sales offered by RDP EVENTS are valid during the two legal sales periods in force and only on the items indicated.
Promotional codes apply to the amount excluding taxes of the order or of one of the Products in the order, excluding shipping costs, and cannot be combined with other promotions or sales, unlike gift vouchers, which can be combined with other promotions and sales. Promotional codes and gift vouchers cannot be exchanged for their cash value. They are personal and non-transferable and can only be used once by the Customer when confirming their order.
The validity date of each promotional code and gift voucher, as well as their terms of use, are specified on the document given to the Customer (gift voucher and promotional code sent by email, or paper voucher).
To benefit from the discount linked to a promotional code, the Customer must enter it in the field provided for this purpose when placing the order. If the Customer forgets to do so, RDP EVENTS will not be able to cancel or re-issue the order to take the promotion into account.
To activate a gift voucher, the Customer must enter the voucher number in the field provided for this purpose when placing the order.
Any fraudulent use of a promotional code, or any use contrary to the spirit of the promotion, will render the code void.
Article 5: Orders
The Customer may place an order themselves in the RDP EVENTS online shop, after logging in or creating an account and specifying the desired delivery address. By clicking the "BUY" button (or the associated symbol), the Customer confirms adding the Product to their order; then, by ticking the option "I have read the terms and conditions of sale and accept them without reservation" in the order summary, which alone activates the "ORDER" button, the Customer declares that they have read and fully accept, without reservation, all of these T&Cs. Finally, by clicking the "ORDER" button in the order summary, the Customer confirms their order.
For orders to a country other than mainland France, the Customer is deemed to be the importer of the Product(s) concerned. Customs duties or other local taxes, import duties or state taxes may be payable. These duties and sums are not the responsibility of RDP EVENTS. They are borne by the Customer and are the Customer's sole responsibility, both in terms of declaration and payment to the competent authorities and/or bodies of the Customer's country.
RDP EVENTS will do its utmost to process all orders but reserves the right to refuse orders from a Customer with whom there is a dispute.
Article 6: Payment / invoicing
Payment
The currency of payment is the euro, to the exclusion of any other currency. Full payment is due when the order is placed.
Payment is made by bank card when the order is placed. Only Carte Bleue, Visa, Eurocard, MasterCard and American Express cards are accepted by RDP EVENTS. The Customer guarantees that they are fully authorised to use the bank card and that this card gives access to sufficient funds to cover all the costs resulting from the order. The Customer's bank account will be debited after the order confirmation sent by RDP EVENTS.
The RDP EVENTS online shop uses one of the most effective security systems currently available.
Prevention of bank card fraud
RDP EVENTS reserves the right to verify the personal data provided by the Customer and to take any measures deemed necessary to verify that the person whose bank account is debited is indeed the person who placed the order, in order to prevent any fraudulent payment. This verification may take the form of a request for proof of identity and/or address and/or bank details. Failure by the Customer to respond to such a request within five (5) days will automatically result in the cancellation of the order concerned, with no possibility of subsequent claim.
RDP EVENTS is also free to cancel outright any order presenting one or more risk factors of fraudulent bank card use.
Invoicing
An invoice is issued each time an order is confirmed.
The invoice is sent to the Customer's email address provided when creating their personal Customer account on the online shop.
In the event of a dispute concerning an invoice, whether before or after delivery of the corresponding order, RDP EVENTS reserves the right to suspend the Customer account until the disputed situation has been resolved and to suspend the preparation of any orders in progress, even if these have not themselves been disputed.
Article 7: Delivery
Products are shipped from Monday to Friday inclusive, excluding weekends and public holidays, to the delivery address given by the Customer on the order form. RDP EVENTS delivers throughout mainland France (including Monaco and Corsica) and to the French overseas departments, regions and territories (DROM COM).
A delivery note listing the Products actually contained in the parcel(s) is always enclosed with the Products. It is also available in the "My account" area of the RDP EVENTS online shop. The Customer is informed by email when their order has been shipped; this email gives the name of the carrier, the parcel number and a link to the carrier's online tracking system.
The delivery times indicated by RDP EVENTS are calculated according to product availability, which, if restocking is necessary, means taking into account the date of receipt of the products communicated by the supplier.
Delivery by Colissimo (within the transport conditions possible with La Poste)
For an address in mainland France: the parcel is delivered to the letterbox at the address given by the Customer, to the official RDP EVENTS shop chosen or to the pick-up point chosen by the Customer, generally within two (2) to five (5) working days.
For an address in the DROM COM: the parcel is delivered to the letterbox at the address given by the Customer, generally within five (5) to seven (7) working days.
We apologise for any delay in the delivery of products due to bad weather or strikes; we depend on an external third party for the delivery of our goods.
If the parcel cannot be delivered to the letterbox, La Poste may make several delivery attempts at the address given by the Customer. It may decide to hand the parcel to any person present at that address, including the caretaker or concierge who agrees to accept delivery.
If delivery is not possible, the parcel is held at the place indicated on the delivery notice. For parcels delivered within France, the holding period is 15 consecutive days from the day after the delivery notice is left, unless La Poste exceptionally decides to extend this period.
For international shipments, this period varies from 5 to 15 days depending on the pick-up point chosen by the Customer. It starts on the day after the last delivery attempt at home.
After this period, the parcel is automatically returned to RDP EVENTS, which in this case reserves the right to re-invoice the Customer for the shipping costs of a new delivery.
Delivery by Geodis (for parcels whose size and weight cannot be carried by La Poste)
Delivery is only possible in mainland France: the parcel is delivered, against signature, to the address given by the Customer or to the official RDP EVENTS shop chosen by the Customer, generally within one (1) to three (3) working days. Parcels are handed to any person present at the designated address, without RDP EVENTS being able to check that the identity of the person present matches the name of the recipient designated by the Customer in the order.
If delivery is not possible because no person able to sign the delivery receipt is present at the delivery address given by the Customer, the parcels are automatically returned to RDP EVENTS under the conditions set by the carrier. In this case, RDP EVENTS reserves the right to re-invoice the Customer for the shipping costs of a new delivery.
Delivery is deemed to have taken place as soon as the product is made available to the Customer by the delivery person, as recorded by the carrier's tracking system.
Article 8: Proof
Only the data recorded by RDP EVENTS and by the carriers to which RDP EVENTS has entrusted the Products for delivery to the Customer constitute proof of all transactions between RDP EVENTS and its Customers. RDP EVENTS systematically confirms the orders placed with it on the basis of this data.
Article 9: Transfer of risk and ownership
Risk is transferred on delivery of the Product; however, the Products remain the property of RDP EVENTS until full payment of the price and of the various costs associated with processing the order.
Article 10: Liability
Lost parcels
If, seven (7) working days after the parcel was shipped, the Customer has no news of their order, they must contact RDP EVENTS, which will open an investigation with the carrier. If the parcel is definitively declared lost (final answer generally within three (3) weeks), RDP EVENTS will inform the Customer and immediately arrange for the order to be delivered again, subject to stock availability.
Non-conformity
It is the Customer's responsibility to check the products on arrival and to record any justified reservations and claims directly on the delivery document, or even to refuse the parcels and state the reason for refusal on the delivery document, if they may have been opened or show obvious signs of damage. Such reservations and claims must be confirmed to the carrier within three (3) days of delivery of the products by registered letter with acknowledgement of receipt, a copy of which must be sent to RDP EVENTS by email at rallyedupyla@gmail.com.
Apart from the legal guarantee of conformity provided for in these T&Cs, if the Products delivered do not match the order in nature or quality (damaged or missing products, etc.), the Customer must, on pain of forfeiture, submit a written claim (by email to rallyedupyla@gmail.com or by post to the RDP EVENTS head office) within fourteen (14) days of delivery of the Product(s). Before returning any damaged product, the Customer must obtain and print a return label for the parcel from the "My account" area of the RDP EVENTS online shop. After the Product has been returned by the Customer and checked (in the case of a damaged product), or after receipt of the claim (in the case of a missing Product), RDP EVENTS will send a new Product at its own expense, subject to availability, or, if the Product is unavailable, will refund the Customer the price of the missing or damaged product, to the exclusion of any other costs or compensation of any kind.
Limitation of liability
RDP EVENTS cannot be held liable for damage of any kind, whether material or immaterial, that may result from the malfunction or misuse of the Products sold. The same applies to any changes to the Products made by the manufacturers. Furthermore, RDP EVENTS cannot be held liable, towards a Customer or a third party, for any indirect damage, operating loss, loss of profit or turnover, however arising, even if such damage, loss or harm was foreseeable by RDP EVENTS or its possibility had been brought to its attention.
RDP EVENTS cannot be held responsible for the non-performance of the contract in the event of the product being out of stock or unavailable, force majeure, disruption or total or partial strike, in particular of postal services and means of transport and/or communication, flood or fire.
RDP EVENTS cannot be held liable for damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, interruption of service or other involuntary problems.
Article 11: Legal guarantees
In the event of a lack of conformity of the Products within the meaning of Articles L217-4 et seq. of the French Consumer Code, or of hidden defects affecting the Products within the meaning of Articles 1641 et seq. of the French Civil Code, the Customer must immediately notify RDP EVENTS in writing, by any means, of the alleged defects.
The Customer benefits from the legal guarantees under the conditions set out below:
Under the legal guarantee of conformity, the Customer: - has two years from delivery of the goods to take action; - may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; - is exempt from proving the existence of the lack of conformity of the goods during the two-year period.
The legal guarantee of conformity applies independently of any commercial guarantee that may be granted.
Under the guarantee against hidden defects, the Customer:
- may choose between cancelling the sale or a reduction in the sale price (Article 1644 of the French Civil Code);
- must prove the defect within 2 years of discovering it.
All guarantees are excluded in the event of defects and damage resulting from external events, negligence, poor maintenance, accidents, wear and tear, or use not in accordance with the label or instructions.
Article 12: Withdrawal – returns – refunds
Under Article L221-18 of the French Consumer Code, the Customer has fourteen days from receipt or delivery of the Products to exercise their right of withdrawal. The Customer informs RDP EVENTS of their decision to withdraw by sending to the RDP EVENTS head office (whose address appears at the top of these T&Cs) the completed and signed withdrawal form, a model of which is appended to these T&Cs, or any other unambiguous statement expressing their wish to withdraw.
The Customer has fourteen (14) days from sending their withdrawal decision to return the Product(s) (cash on delivery will not be accepted). After this period, RDP EVENTS reserves the right to refuse the parcel. The Products must be returned in perfect condition for resale, properly protected in their original packaging, with all accessories, instructions and documentation. From receipt of the Products, RDP EVENTS has fourteen (14) days to check them, validate the procedure and issue the refund. We recommend that you keep the receipt for the shipment of your products so that you have proof of shipment in case of any problem.
It is up to the Customer to contact their bank to check, confirm and validate the refund, as RDP EVENTS has no control over what happens after the payment order has been passed to its own bank.
Products not eligible for the right of withdrawal
In accordance with Article L.221-28 of the French Consumer Code, the right of withdrawal cannot be exercised for contracts relating to certain Products, in particular:
- goods made to the Customer's specifications or clearly personalised;
- goods likely to deteriorate or expire rapidly;
- goods that have been unsealed by the consumer after delivery and cannot be returned for reasons of hygiene or health protection;
- goods which, after delivery and by their nature, are inseparably mixed with other items;
- newspapers, periodicals or magazines, except for subscription contracts to these publications;
- audio or video recordings or computer software when they have been unsealed by the Customer after delivery.
Computer software is and remains the exclusive property of the manufacturer and its licensor. No transfer of ownership of software can therefore take place; only a licence of use is granted. The user may not, in any form whatsoever, assign, license, communicate or lend it, whether for payment or free of charge, nor reproduce it. As RDP EVENTS acts as an intermediary, it cannot be held liable for the content of the CD-ROMs, DVD-ROMs or software produced by the various publishers. The Customer must take all necessary measures to protect their own data, software and computers against contamination by viruses that may circulate on the Internet or be contained in software sold by RDP EVENTS, which cannot be required to compensate any damage the Customer may suffer as a result of computer viruses.
Article 13: Severability
If any of the terms of these T&Cs is held to be illegal or unenforceable by a court decision, the other provisions shall remain in force. Thus, the nullity, lapse, lack of binding force or unenforceability of any of the provisions of these T&Cs shall not entail the nullity, lapse, lack of binding force or unenforceability of the other provisions, which shall retain their full effect. In any event, no derogation from these T&Cs may be accepted without the express prior agreement of RDP EVENTS.
Article 14: Headings
The headings of the articles in these T&Cs are for convenience of reference only. They may not be used to interpret, limit or modify these T&Cs.
Article 15: Intellectual property
All elements of the website https://www.rallyedupyla.fr/shop are and remain the exclusive property of RDP EVENTS. No one is authorised to reproduce, exploit or use, in any capacity whatsoever, even partially, any elements of the website, whether in the form of photos, logos, visuals or text.
Article 16: Protection of personal data
RDP EVENTS undertakes to preserve the confidentiality of the Customer's personal data and to process it in accordance with the laws and regulations in force.
All Customers have a right of access, rectification, a right to be forgotten, a right to restrict the processing of data concerning them and a right to data portability. Any request must be sent to RDP EVENTS, together with a copy of both sides of a proof of identity, to the following address: Rallye du Pyla, 21 rue Rode, 33000 Bordeaux, or rallyedupyla@gmail.com.
Article 17: Applicable law – jurisdiction
These T&Cs, written in French, shall be performed and interpreted in accordance with French law. In the event of any discrepancy between this English translation and the French version, the French version shall prevail.
In accordance with French law, the Customer may use mediation for consumer disputes relating to a purchase made from RDP EVENTS. In accordance with the provisions on mediation, any consumer dispute must first be submitted in writing to the RDP EVENTS Customer Service (rallyedupyla@gmail.com) before any request for mediation.
Failing an amicable settlement, the courts of Bordeaux shall have sole jurisdiction, regardless of the place of delivery and the methods of payment accepted.