General terms and conditions of sale

GENERAL TERMS AND CONDITIONS OF SALE

Effective as of 01/13/2022

ARTICLE 1 - Scope

These General Terms and Conditions of Sale (referred to as "GTCS") apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers ("The Clients or the Client"), wishing to acquire the products offered for sale ("The Products") by the Seller on the website www.thefrenchsimracer.com. The Products offered for sale on the site are as follows:

Computer accessories / driving simulator

The main characteristics of the Products and notably the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the website www.thefrenchsimracer.com, which the client must read before ordering.

The choice and purchase of a Product are the sole responsibility of the Client.

Product offers are valid within the limits of available stocks, as specified when placing the order.

These GTCS are accessible at any time on the website www.thefrenchsimracer.com and will prevail over any other document.

The Client declares to have read these GTCS and to have accepted them by ticking the box provided for this purpose before implementing the online ordering procedure on the website www.thefrenchsimracer.com.

Unless proven otherwise, the data recorded in the Seller's computer system constitutes proof of all transactions concluded with the Client.

The Seller's contact details are as follows:

PHOENIX, EURL

Share capital of 1000 euros

Registered with the RCS of La Roche-sur-Yon B 909 387 011, under number 909387011

34 ALL FRANCOIS DORIEUX 85100 LES SABLES D'OLONNE

Email: contact@thefrenchsimracer.com

Phone: 0778548001

VAT number FR58909387011

The Products presented on the website www.thefrenchsimracer.com are offered for sale in the following territories:

Worldwide

In the event of an order to a country other than mainland France, the Client is the importer of the Product(s) concerned.

For all Products shipped outside the European Union and DOM-TOM, the price will be calculated excluding taxes automatically on the invoice.

Customs duties or other local taxes or import duties or state taxes may be payable. They will be the sole responsibility of the Client.

ARTICLE 2 - Prices

The Products are supplied at the current prices listed on the website www.thefrenchsimracer.com, at the time of the order registration by the Seller.

Prices are expressed in Euros, excluding tax and inclusive of tax.

The prices take into account any discounts that may be granted by the Seller on the website www.thefrenchsimracer.com.

These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside the validity period, to modify the prices at any time.

The prices do not include the processing, shipping, transportation and delivery costs, which are charged in addition, under the conditions indicated on the site and calculated prior to placing the order.

The payment requested from the Client corresponds to the total amount of the purchase, including these costs.

An invoice is issued by the Seller and given to the Client upon delivery of the ordered Products.

ARTICLE 3 – Orders and Pre-orders

It is up to the Client to select on the website www.thefrenchsimracer.com the Products he wishes to order, according to the following methods:

The client selects a product that he places in his cart, a product that he can delete or modify before validating his order and accepting these general conditions of sale. He will then enter his details or log into his space and choose the delivery method. After validation of the information, the order will be considered final and will require payment from the Client according to the terms provided.

Product offers are valid as long as they are visible on the site, within the limits of available stocks.

The sale will only be considered valid after full payment of the price. It is up to the Client to check the accuracy of the order and immediately report any errors.

Any order placed on the website www.thefrenchsimracer.com constitutes the formation of a contract concluded remotely between the Client and the Seller.

The Seller reserves the right to cancel or refuse any order from a Client with whom there is a dispute concerning the payment of a previous order.

The Client can follow the progress of his order on the site.

Pre-orders will follow the same process. Note that pre-orders cannot be canceled after a period of 7 days. After that, you will have to wait for the product to be received to be able to apply your 14-day withdrawal right. Any delay related to the delivery of pre-orders will not be subject to a claim or refund request. We are dependent on external providers on this point and do not commit our responsibility for the announced deadlines.

ARTICLE 3 Bis - Customer Account - Account

To place an order, the Client is invited to create an account (personal space).

To do this, he must register by filling out the form that will be offered to him at the time of his order and undertakes to provide sincere and accurate information regarding his civil status and contact details, including his email address.

The Client is responsible for updating the information provided. He can modify them by logging into his account.

To access his personal space and order history, the Client must identify himself using his username and password, which will be communicated to him after his registration and which are strictly personal. As such, the Client prohibits any disclosure. Otherwise, he will remain solely responsible for the use made of it.

The Client may also request to unsubscribe by going to the dedicated page on his personal space or by sending an email to: contact@thefrenchsimracer.com. This will be effective within a reasonable time.

In the event of non-compliance with the general conditions of sale and/or use, the website www.thefrenchsimracer.com will have the option of suspending or even closing a client's account after formal notice sent electronically and remained without effect.

Any account deletion, whatever the reason, entails the deletion of all the Client's personal information.

Any event due to a case of force majeure resulting in a malfunction of the site or server and subject to any interruption or modification in the event of maintenance, does not engage the responsibility of the Seller.

The creation of the account implies acceptance of these general conditions of sale.

ARTICLE 4 - Payment Terms

The price is paid by secure payment, according to the following methods:

• payment by credit card
• or payment by bank transfer to the Seller's bank account (the details of which are communicated to the Client when placing the order)

The price is payable in cash by the Client, in full on the day of placing the order.

Payment data is exchanged in encrypted mode using the protocol defined by the approved payment provider intervening for banking transactions carried out on the website www.thefrenchsimracer.com.

Payments made by the Client will only be considered final after effective collection of the sums due by the Seller.

The Seller will not be required to deliver the Products ordered by the Client if the latter does not pay the price in full under the conditions indicated above.

ARTICLE 5 - Deliveries

The Products ordered by the Client will be delivered in mainland France or in the following areas:

Worldwide.

Deliveries occur within a period of shipped within 48 hours to the address indicated by the Client when ordering on the site.

Delivery is constituted by the transfer to the Client of physical possession or control of the Product. Except in special cases or unavailability of one or more Products, the ordered Products will be delivered in a single shipment.

The Seller undertakes to make his best efforts to deliver the products ordered by the Client within the time specified above.

If the ordered Products have not been delivered within 30 days after the indicative delivery date, for any reason other than force majeure or the Client's fault, the sale may be canceled at the written request of the Client under the conditions provided for in articles L 216-2, L 216-3 and L241-4 of the Consumer Code. The sums paid by the Client will then be returned to him no later than fourteen days following the date of termination of the contract, excluding any compensation or deduction.

Deliveries are made by an independent carrier, to the address mentioned by the Client when ordering and to which the carrier can easily access.

When the Client takes it upon himself to call on a carrier he chooses himself, delivery is deemed to have been made upon delivery of the Products ordered by the Seller to the carrier who accepted them without reservations. The Client therefore acknowledges that it is the carrier's responsibility to make the delivery and has no warranty claim against the Seller in the event of failure to deliver the goods transported.

In the event of a specific request from the Client concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to additional specific invoicing, based on a previously accepted quote in writing by the Client.

The Client is required to check the condition of the delivered products. He has a period of #254 Maximum delay for... from delivery to issue claims by means of the retraction form at the bottom of this document, accompanied by all the relevant evidence (photos in particular). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free from any apparent defect and no claim can be validly accepted by the Seller.

The Seller will refund or replace as soon as possible and at his own expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Client, under the conditions provided for in articles L 217-4 and following of the Consumer Code and those provided for in these GTCS.

The transfer of the risks of loss and deterioration relating thereto, will only be made when the Client takes physical possession of the Products. The Products therefore travel at the Seller's risk except when the Client has chosen the carrier himself. As such, the risks are transferred when the goods are handed over to the carrier.

ARTICLE 6 - Transfer of Ownership

The transfer of ownership of the Seller's Products to the Client will only take place after full payment of the price by the latter, regardless of the delivery date of said Products.

ARTICLE 7 - Right of Withdrawal

The consumer has a period of fourteen days to exercise his right of withdrawal from a contract concluded remotely, following a telephone or off-premises solicitation, without having to justify his decision or bear any costs other than those provided for in articles L. 221-23 to L. 221-25.

According to the terms of article L221-18 of the Consumer Code "For contracts providing for the regular delivery of goods for a defined period, the period runs from the receipt of the first good."

The right of withdrawal can be exercised online, using the attached withdrawal form and also available on the website or any other unambiguous statement, expressing the desire to withdraw and in particular by post addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTCS.

Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) allowing them to be resold in new condition, accompanied by the purchase invoice. In case of an open or damaged product, a depreciation percentage may be applied during the refund. In all cases, delivery charges will not be refunded.

Damaged, soiled or incomplete Products are not taken back.

Return costs are the responsibility of the Client.

The exchange (subject to availability) or refund will be made within 14 days of receipt by the Seller of the Products returned by the Client under the conditions provided for in this article.

ARTICLE 8 - Seller's Liability - Warranties

The Products supplied by the Seller benefit from:

• the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order,
• the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and rendering them unsuitable for use,

Provisions relating to legal guarantees

Article L217-4 of the Consumer Code

"The seller is required to deliver a good in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when it has been charged to him by the contract or has been carried out under his responsibility."

Article L217-5 of the Consumer Code

"The good is in conformity with the contract:

1° If it is suitable for the use usually expected of a similar good and, if applicable:

- if it corresponds to the description given by the seller and has the qualities that the latter has presented to the buyer in the form of a sample or model;

- if it presents the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, particularly in advertising or labeling;

2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's knowledge and that the latter has accepted."

Article L217-12 of the Consumer Code

"The action resulting from the lack of conformity is prescribed by two years from the delivery of the good."

Article 1641 of the Civil Code.

"The seller is bound by the guarantee for hidden defects of the sold item which render it unsuitable for the use for which it was intended, or which so impair that use that the buyer would not have acquired it, or would only have given a lower price, if he had known them."

Article 1648 paragraph 1 of the Civil Code

"The action resulting from redhibitory defects must be brought by the purchaser within two years of discovering the defect."

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the course of the commercial guarantee granted to him during the acquisition or repair of a movable good, for a restoration covered by the guarantee, any immobilization period of at least seven days is added to the remaining guarantee period. This period runs from the buyer's request for intervention or the provision for repair of the good in question, if this provision is subsequent to the request for intervention."

To assert his rights, the Client must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from their discovery.

The Seller will refund, replace or repair Products or parts under warranty deemed non-compliant or defective.

Shipping costs will be reimbursed based on the invoiced rate and return costs will be reimbursed upon presentation of receipts.

Refunds, replacements or repairs of Products deemed non-compliant or defective will be made as soon as possible and at the latest within 30 days following the Seller's finding of the defect or hidden defect. This refund may be made by bank transfer or check.

The Seller's liability cannot be engaged in the following cases:

• non-compliance with the legislation of the country in which the products are delivered, which it is the Client's responsibility to verify,
• in the event of misuse, use for professional purposes, negligence or lack of maintenance by the Client, as in the event of normal wear and tear of the Product, accident or force majeure.
• The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller.

The Seller's guarantee is, in any case, limited to the replacement or refund of non-compliant or defective Products.

ARTICLE 9 - Personal Data

The Client is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as their transmission to third parties for the delivery of the Products. These personal data are collected only for the execution of the sales contract.

9.1 Collection of personal data

The personal data that are collected on the site www.thefrenchsimracer.com are as follows:

Account opening

When creating the Client / user account:

Names, first names, postal address, phone number and email address.

Payment

As part of the payment for Products offered on the website www.thefrenchsimracer.com, it records financial data relating to the Client / user's bank account or credit card.

9.2 Recipients of personal data

Personal data are reserved for the exclusive use of the Seller and his employees.

9.3 Data controller

The data controller is the Seller, within the meaning of the Data Protection Act and from May 25, 2018 of Regulation 2016/679 on the protection of personal data.

9.4 Limitation of processing

Unless the Client expressly agrees, his personal data will not be used for advertising or marketing purposes.

9.5 Data retention period

The Seller will keep the data thus collected for a period of 5 years, covering the time of the applicable contractual civil liability limitation period.

9.6 Security and confidentiality

The Seller implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alterations, destructions and unauthorized access. However, it is noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

9.7 Implementation of Clients and user rights

In application of the regulations applicable to personal data, Clients and users of the website www.thefrenchsimracer.com have the following rights:

• They can update or delete the data concerning them as follows:

by logging into their account.

• They can delete their account by writing to the email address indicated in article 9.3 "Data controller"
• They can exercise their right of access to know the personal data concerning them by writing to the address indicated in article 9.3 "Data controller"
• If the personal data held by the Seller are inaccurate, they can request the update of the information by writing to the address indicated in article 9.3 "Data controller"
• They can request the deletion of their personal data, in accordance with applicable data protection laws by writing to the address indicated in article 9.3 "Data controller"
• They can also request the portability of the data held by the Seller to another service provider
• Finally, they can object to the processing of their data by the Seller

These rights, as long as they do not oppose the purpose of the processing, can be exercised by sending a request by mail or by email to the Data controller whose contact details are indicated above.

The data controller must provide a response within a maximum period of one month.

In the event of refusal to grant the Client's request, it must be motivated.

The Client is informed that in case of refusal, he can file a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer to a judicial authority.

The Client may be invited to check a box under which he agrees to receive informative and advertising emails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

ARTICLE 10 - Intellectual Property

The content of the website www.thefrenchsimracer.com is the property of the Seller and his partners and is protected by French and international laws relating to intellectual property.

Any total or partial reproduction of this content is strictly prohibited and may constitute an offense of counterfeiting.

ARTICLE 11 - Applicable Law - Language

These GTCS and the operations resulting from them are governed and subject to French law.

These GTCS are written in French. In the event that they are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.

ARTICLE 12 - Disputes

For any complaint, please contact the customer service at the Seller's postal address or email indicated in ARTICLE 1 of these GTCS.

The Client is informed that he can in any case resort to a conventional mediation, with the existing sectoral mediation bodies or to any alternative dispute resolution method (conciliation, for example) in the event of a dispute.

In this case, the designated mediator is

_______________

_______________

_______________

Email: _______________

The Client is also informed that he can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

All disputes to which the purchase and sale transactions concluded in application of these GTCS and which have not been the subject of an amicable resolution between the seller or by mediation, will be submitted to the competent courts under the conditions of common law.

Realized on https://www.legalplace.fr

APPENDIX I

Withdrawal Form

Date ______________________

This form must be completed and returned only if the Client wishes to withdraw from the order placed on www.thefrenchsimracer.com except for exclusions or limits to the exercise of the right of withdrawal according to the applicable General Terms and Conditions of Sale.

To the attention of EURL, PHOENIX

34 ALL FRANCOIS DORIEUX 85100 LES SABLES D'OLONNE

I hereby notify the withdrawal from the contract relating to the property below:

- Order of (indicate date)

- Order number: ...........................................................

- Client's name: ...........................................................................

- Client's address: .......................................................................

Client's signature (only in case of notification of this form on paper)