Terms of sale

Effective as of May 14, 2026

This English version is provided for information purposes. The French version of the Terms of Sale, available at thefrenchsimracer.com, is the legally binding version. In case of discrepancy, the French version prevails.

ARTICLE 1 – Purpose

These Terms of Sale (“ToS”) apply without restriction or reservation to all sales concluded by the Seller with consumer buyers (“the Customer” or “the Customers”) wishing to purchase the products offered for sale (“the Products”) on the website www.thefrenchsimracer.com.

The Products offered are: computer accessories and sim racing equipment.

The essential characteristics of the Products, including specifications, illustrations and dimensions, are available on the website. It is the Customer’s responsibility to review them before placing an order. The choice and purchase of a Product is the sole responsibility of the Customer.

Product offers are valid as long as they are visible on the website and subject to availability. These ToS are accessible at any time on the website and prevail over any other document.

By ticking the corresponding box, the Customer acknowledges having read and accepted these ToS before placing an order.

Seller’s details:

• PHOENIX SAS – Share capital: €1,000
• RCS La Roche-sur-Yon B 909 387 011
• Registered office: 8 Rue Albert Einstein, 85340 Les Sables d’Olonne – France
• Email: contact@thefrenchsimracer.com
• Phone: +33 6 85 39 77 21
• EU VAT number: FR58909387011

Products are available for sale worldwide. For orders outside the European Union, the Customer is considered the importer of the Product(s). Any customs duties or local/state taxes are the sole responsibility of the Customer.

ARTICLE 2 – Prices

Products are supplied at the prices in force shown on the website at the time of the order. Prices are displayed in euros, excluding and including tax. They take into account any reductions granted by the Seller.

Prices do not include processing, shipping or delivery fees, which are added before order validation. The total amount due, all charges included, is indicated before the Customer confirms the order. An invoice is provided upon delivery.

The Seller reserves the right to change prices at any time. Products will however be invoiced on the basis of the rates in force at the time the order is registered.

Obvious pricing error. In the event of an obvious error (e.g. an abnormally low price), the Seller reserves the right to cancel the order, including after confirmation. The Customer will be notified and fully refunded on the original payment method. No additional compensation may be claimed.

Promotions and discount codes. Promotional codes and discounts are valid only under the conditions specified. They are not cumulative (unless stated otherwise), are not retroactive, and cannot give rise to a cash refund if unused.

ARTICLE 3 – Orders and Pre-orders

The Customer selects the Products, verifies the information, chooses a shipping method, accepts these ToS and proceeds to payment. The sale is finalized upon receipt of full payment.

Pre-orders follow the same process. They may be freely cancelled by the Customer within 7 days of confirmation. After this period, the pre-order becomes firm, without prejudice to the 14-day right of withdrawal which applies from the actual delivery of the Product.

Pre-order delivery delay. If delivery does not take place on the date or within the period indicated to the Customer when placing the order, or in the absence of an agreed date, within thirty (30) days following the conclusion of the contract, the Customer may, after having given the Seller formal notice to perform within a reasonable additional period and failing performance by the Seller within that period, terminate the contract in accordance with Article L. 216-6 of the French Consumer Code. Sums paid will be fully refunded within 14 days following termination.

Stock incident. In the event of an unforeseen stock issue after confirmation, the Customer will be contacted and may choose between a full refund or replacement with an equivalent Product.

The Seller reserves the right to cancel any order in case of a prior payment incident, obvious pricing error, or suspected fraud. The Customer will be informed and refunded without penalty.

ARTICLE 3 BIS – Customer Account

To place an order, the Customer must create a personal account. The Customer undertakes to provide accurate and up-to-date information and to preserve the confidentiality of their credentials. Any unauthorized use is the Customer’s responsibility. The Customer may request deletion of their account by writing to contact@thefrenchsimracer.com. The Seller reserves the right to suspend or delete an account for non-compliance with these ToS.

ARTICLE 3 TER – Order Modification or Cancellation

A confirmed and paid order cannot be modified or cancelled by the Customer without the express agreement of the Seller, without prejudice to the exercise of the right of withdrawal provided for in Article 7.

The Seller may cancel an order in the event of a pricing error, product unavailability or suspected fraud. The Customer will be informed and refunded without penalty.

ARTICLE 4 – Payment Terms

Payment must be made in full at the time of the order, by secure credit card or bank transfer. Shipment of the Product takes place only after full payment has been received. Payment data is encrypted and is never retained by the Seller.

ARTICLE 5 – Delivery

Products are delivered in mainland France and internationally. Standard processing time: 48 business hours.

In accordance with Article L. 216-1 of the French Consumer Code, in the absence of an indicated delivery date, the Seller undertakes to deliver within a maximum period of thirty (30) days from the conclusion of the contract. Failing delivery within this period, the Customer may exercise the rights set out in Article 3.

The Customer is solely responsible for the accuracy of the delivery address. In the event of an entry error attributable to the Customer, reshipment costs will be at the Customer’s expense.

Inspection on delivery and parcel tracking. To facilitate carrier claims, the Customer is invited to report any apparent issue (damaged parcel, missing item) within 3 business days of delivery, with supporting evidence (photos, details). This deadline is not a condition for the exercise of the legal guarantees (conformity, hidden defects) or the right of withdrawal, which remain fully exercisable within the legal time limits.

ARTICLE 6 – Transfer of Ownership and Risk

Transfer of ownership. Ownership of the Products is transferred only after full payment of the price by the Customer.

Transfer of risk. In accordance with Article L. 216-4 of the French Consumer Code, the risks of loss or damage to the Products are transferred to the Customer at the moment when the Customer, or a third party designated by the Customer other than the carrier proposed by the Seller, takes physical possession of the Products.

ARTICLE 6 BIS – Retention of Title

The Products remain the property of the Seller until full payment. The Customer agrees not to resell or modify the Product before transfer of ownership.

ARTICLE 7 – Right of Withdrawal and Returns

Withdrawal period. In accordance with Articles L. 221-18 et seq. of the French Consumer Code, the consumer Customer has a period of fourteen (14) days from receipt of the Product to exercise the right of withdrawal, without giving any reason and without bearing any costs other than those provided for by law.

Exercise of the right. The Customer notifies the Seller of the decision to withdraw by means of an unambiguous statement, by email to contact@thefrenchsimracer.com or by post to the address shown in Article 1. The Customer may use the model form in Annex I, but is not required to do so.

Return of the Product. The Customer returns the Product to the Seller within fourteen (14) days following notification of the decision. Return shipping costs are borne by the Customer, except where the Product is defective, non-conforming, or shipped in error.

Inspection of the Product. In accordance with Article L. 221-23 of the French Consumer Code, the Customer may handle the Product in the same way as they could in a physical shop, in order to assess its nature, characteristics and proper functioning. The Customer is only liable for any depreciation of the goods resulting from handling other than that necessary. In such case, the Seller may apply a proportional reduction to the refund, generally between 5% and 35% of the price depending on the extent of depreciation (visible wear, assembly carried out, missing accessories, missing or damaged packaging, etc.). The Seller informs the Customer of the amount and reasons for the reduction.

Refund terms. The refund is made on the Customer’s original payment method, unless the Customer expressly agrees to another method (for example, store credit). The refund is made within fourteen (14) days of receipt of the withdrawal decision, subject to receipt of the returned Product or proof of dispatch. Reimbursed amounts include the price of the Product and the standard outbound shipping costs; option surcharges (express or premium delivery) are not refunded.

Products not eligible for withdrawal. In accordance with Article L. 221-28 of the French Consumer Code, the following are excluded from the right of withdrawal: custom-made or personalized goods, gift cards, and unsealed goods that cannot be returned for reasons of hygiene or health protection.

For more details, please refer to our Refund & Return Policy. In the event of conflict, the Refund & Return Policy prevails.

ARTICLE 8 – Legal Guarantees

Products sold by the Seller benefit from the following legal guarantees provided by the French Consumer Code and the French Civil Code. These guarantees apply independently of any commercial guarantee that may be granted.

Mandatory notice — Legal guarantee of conformity (Article D. 211-2 of the French Consumer Code)

The consumer has a period of two years from delivery of the goods to obtain enforcement of the legal guarantee of conformity in the event of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date on which it appeared.

The legal guarantee of conformity entails an obligation for the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.

The legal guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of the request, free of charge and without major inconvenience to the consumer.

If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the original guarantee. If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement.

The consumer may obtain a reduction in the purchase price by keeping the goods, or terminate the contract with a full refund against return of the goods, if:

1. The professional refuses to repair or replace the goods;
2. Repair or replacement of the goods takes place after thirty days;
3. Repair or replacement causes major inconvenience to the consumer, particularly where the consumer permanently bears the costs of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
4. The lack of conformity of the goods persists despite the seller’s unsuccessful attempt to bring them into conformity.

The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious as to justify an immediate price reduction or termination. The consumer is not then required to first request repair or replacement of the goods.

The consumer is not entitled to termination of the sale if the lack of conformity is minor.

Any period during which the goods are unavailable for the purposes of repair or replacement suspends the guarantee that remained to run until delivery of the goods after restoration.

The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code.

A seller who in bad faith obstructs the enforcement of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).

The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from discovery of the defect. This guarantee entitles the consumer to a reduction in the price if the goods are kept, or to a full refund against return of the goods.

Implementation. To invoke a legal guarantee, the Customer contacts the Seller at contact@thefrenchsimracer.com, attaching the invoice, a description of the defect and, where possible, photos or a video. The Seller proceeds with repair, replacement, price reduction or refund under the conditions set out above.

Limitation of liability. Subject to the application of the legal guarantees above, mandatory consumer law provisions, and cases of personal injury or gross negligence by the Seller, the Seller’s contractual liability is limited to direct and foreseeable damages. The Seller cannot be held liable for indirect damages such as loss of business, loss of opportunity, loss of data or loss of use.

ARTICLE 9 – Personal Data

The Seller processes the Customer’s personal data as data controller, in accordance with Regulation (EU) 2016/679 (GDPR) and the French Data Protection Act.

Purposes. Data is processed for the performance of orders, delivery, account management, invoicing, after-sales service, compliance with legal obligations (in particular accounting and tax) and, subject to the Customer’s consent, marketing communications.

Legal bases. Performance of the contract, legal obligations, legitimate interest, consent (for marketing).

Retention periods. Account data: during the contractual relationship and up to 3 years from the last contact for marketing purposes. Invoicing and accounting records: 10 years in accordance with Article L. 123-22 of the French Commercial Code. Payment data: not retained by the Seller.

Recipients. Data is disclosed only to authorized staff of the Seller, to its subcontractors (host, carrier, payment provider, emailing tool) bound by confidentiality, and to public authorities where required by law. Data is never sold.

Customer rights. The Customer has the following rights: access, rectification, erasure, restriction of processing, objection, portability, withdrawal of consent, and the right to define directives regarding the fate of their data after death. These rights are exercised by email to contact@thefrenchsimracer.com.

Complaint. The Customer has the right to lodge a complaint with the French Data Protection Authority (CNIL), 3 Place de Fontenoy, 75007 Paris – www.cnil.fr.

ARTICLE 10 – Intellectual Property

All content on the website (texts, images, logos, trademarks, videos, etc.) is protected by intellectual property rights and remains the exclusive property of the Seller or its partners. Any reproduction, representation or exploitation, in whole or in part, without prior written authorization is strictly prohibited and constitutes infringement.

ARTICLE 11 – Applicable Law – Language

These Terms of Sale are governed by French law. The French version is the binding version. Mandatory provisions more protective of the consumer Customer’s country of habitual residence remain applicable.

ARTICLE 12 – Disputes – Mediation

In the event of a dispute or complaint, the Customer is invited to contact the Seller first at the postal or electronic address shown in Article 1, in order to seek an amicable solution.

In accordance with Articles L. 612-1 et seq. of the French Consumer Code, the consumer Customer may refer the matter free of charge to the consumer mediator competent for the Seller, within one year of the written complaint having received no satisfactory response.

Competent mediator:

• CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice
• 49 rue de Ponthieu, 75008 Paris, France
• Website: https://www.cm2c.net
• Email: cm2c@cm2c.net

The list of approved mediators is available on the French Ministry of the Economy’s website: https://www.economie.gouv.fr/mediation-conso.

Failing amicable resolution, any dispute shall be brought before the competent French court in accordance with the rules of the French Code of Civil Procedure, subject to mandatory provisions applicable to the consumer.

ARTICLE 13 – Professional Customers

These ToS apply primarily to sales concluded with consumers within the meaning of the French Consumer Code.

Sales concluded with professional Customers (acquiring a Product for the purposes of their professional activity) are subject to separate conditions available on request at contact@thefrenchsimracer.com. In the absence of such conditions, these ToS apply, it being specified that consumer-specific provisions (in particular the right of withdrawal and specific refund terms) do not benefit the professional Customer. Payment terms, late penalties and the fixed recovery indemnity applicable to B2B relationships are those provided for in Article L. 441-10 of the French Commercial Code.

ARTICLE 14 – Force Majeure

The Seller cannot be held liable for any breach or delay due to a case of force majeure within the meaning of Article 1218 of the French Civil Code, i.e. an event beyond the Seller’s control that could not reasonably have been foreseen at the conclusion of the contract and whose effects cannot be avoided by appropriate measures (e.g. natural disasters, armed conflicts, declared pandemic, general strike, major failure of an external supplier). In such cases, performance of the contract is suspended for the duration of the event. If the impediment is final, the contract is terminated and amounts paid are refunded.

ARTICLE 15 – Non-Waiver

The fact that the Seller does not enforce a clause of these ToS at any given time does not constitute a waiver of its right to enforce it later.

ARTICLE 16 – Amendment of the ToS

The Seller reserves the right to amend these ToS at any time. The ToS applicable to an order are those in force on the date the order is placed.

ANNEX I – Withdrawal Form

To be completed and returned only if you wish to withdraw from the contract.

To the attention of:
PHOENIX SAS – The French Simracer
8 Rue Albert Einstein, 85340 Les Sables d’Olonne – France
Email: contact@thefrenchsimracer.com

I hereby notify you of my withdrawal from the contract relating to the sale of the following item(s):

• Product description: …
• Order date: …
• Order number: …
• Date of receipt: …
• Customer name: …
• Customer address: …
• Date: …
• Signature (only if notification is sent by post): …