Terms of service

Terms of Service

Effective as of May 14, 2026

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

These Terms of Service (“ToS”) govern access to and use of the website www.thefrenchsimracer.com by any visitor or registered user (the “User”). Online sales concluded on the website are governed by separate Terms of Sale, accessible at all times.

Access to or use of the website implies full acceptance of these ToS. If you do not accept these terms, you may not use the website.

1 – Legal notice

Publisher:

• PHOENIX SAS, trading as “The French Simracer”
• 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
• Publication director: the legal representative of PHOENIX SAS

Hosting provider: Shopify International Limited, 2nd Floor, Victoria Buildings, 1-2 Haddington Road, Dublin 4, D04 XN32, Ireland.

2 – Access to the website

The website is freely accessible to anyone with Internet access. Access-related costs (hardware, connection, subscription) are borne by the User.

The Publisher endeavors to keep the website available 24/7, without being absolutely bound to do so. Access may be suspended, without notice where circumstances require (emergency, security), in particular for maintenance, updates, upgrades or in the event of force majeure.

The User acknowledges that communication over the Internet is not free from technical hazards. The Publisher implements reasonable security measures (TLS encryption of the connection, 3D Secure payment) but cannot guarantee complete absence of incident.

3 – User account

Some features require the creation of an account. The User undertakes to provide accurate, up-to-date and complete information and to preserve the confidentiality of credentials. The User is responsible for any action taken from the account.

The User may request deletion of the account at any time by writing to contact@thefrenchsimracer.com. The Publisher may suspend or delete an account in the event of a serious breach of these ToS or fraudulent conduct, after notifying the User where circumstances allow.

4 – Purchasing on the website

Any order placed on the website is governed by the Terms of Sale, which set out in particular the conditions of pricing, payment, delivery, guarantees, and the terms of the right of withdrawal. The Return & Refund Policy sets out the practical procedures.

5 – Intellectual property

All content on the website (texts, images, photographs, videos, logos, trademarks, design, source code, databases) is protected by intellectual property law and remains the exclusive property of the Publisher or its partners. Any reproduction, representation, modification or exploitation, in whole or in part, without prior written authorization, is strictly prohibited and constitutes infringement, punishable under Articles L. 335-2 et seq. of the French Intellectual Property Code.

6 – User contributions

The User may publish or transmit content (reviews, comments, photos, suggestions). The User warrants that such content does not infringe the rights of third parties and contains nothing unlawful, defamatory, insulting, obscene or contrary to public order.

By transmitting content, the User grants the Publisher a non-exclusive, free-of-charge license, for the legal duration of the rights, to reproduce, represent and adapt such content solely for the purposes of operating the website, the Publisher’s commercial communication and moderation. The Publisher reserves the right to refuse or remove any content manifestly contrary to these ToS or to the law.

7 – Third-party links and tools

The website may contain links to third-party websites or integrate tools provided by third parties. The Publisher has no control over such content and cannot be held liable for their availability, accuracy or own data practices. The User consults such websites and uses such tools at their own risk.

8 – Prohibited uses

The User undertakes not to:

• Use the website for unlawful, fraudulent purposes or contrary to these ToS;
• Attempt to access systems or data of the website without authorization, or introduce malicious code (viruses, Trojans, etc.);
• Collect data from the website by automated means (mass scraping) without written authorization;
• Reproduce or exploit the content of the website without authorization;
• Impersonate a third party or disclose personal data without consent;
• Disrupt the normal operation of the website (attacks, automated overload).

Any violation may result in suspension or termination of the User’s access, without prejudice to any action for damages.

9 – Errors, inaccuracies and omissions

The Publisher endeavors to present accurate and up-to-date information but cannot guarantee the absence of error, omission or inaccuracy (descriptions, prices, availability, illustrations). The Publisher reserves the right to correct any error at any time. The consequences of an obvious pricing error on an order are governed by the Terms of Sale.

10 – Modification or interruption of the service

The Publisher may evolve, modify or interrupt all or part of the website, temporarily or permanently. Where such evolutions are likely to significantly affect a User holding an account, the User will be informed by appropriate means within a reasonable time.

11 – Liability

These ToS govern use of the website. The Publisher’s liability in respect of sales concluded on the website is governed by the Terms of Sale and the applicable legal guarantees.

Subject to mandatory provisions of French law (in particular consumer law), cases of personal injury, gross negligence or willful misconduct by the Publisher, the Publisher’s liability under these ToS is limited to direct and foreseeable damages. In particular, the Publisher cannot be held liable for: (i) temporary unavailability of the website; (ii) damage resulting from the User’s improper use of the website; (iii) third-party content or services accessible via the website.

12 – Personal data

The processing of personal data is described in our Privacy Policy, which specifies the purposes, legal bases, retention periods, recipients and User rights (in particular rights of access, rectification, erasure, objection, restriction, portability and post-mortem directives), as well as the procedures for lodging a complaint with the French Data Protection Authority (CNIL).

13 – Cookies

The website uses cookies and tracers under the conditions described in the Privacy Policy and, where applicable, the Cookie Policy. The User may manage preferences from the consent banner or browser settings.

14 – Force majeure

The Publisher cannot be held liable for any breach or delay resulting from a case of force majeure within the meaning of Article 1218 of the French Civil Code, i.e. an event beyond its control that could not reasonably have been foreseen at the time the contract was concluded and whose effects cannot be avoided by appropriate measures (natural disasters, armed conflicts, declared pandemic, general strike, major failure of an external infrastructure supplier).

15 – Termination

The User may cease using the website at any time and request deletion of the account. The Publisher may suspend or terminate access in the event of breach of these ToS, without prejudice to any action for damages. Obligations that by their nature must survive (intellectual property, liability, applicable law) shall survive termination.

16 – Amendment of the ToS

The Publisher reserves the right to amend these ToS at any time. The ToS applicable to each use are those in force on the website at the date of such use. In case of substantial amendment affecting the rights of a registered User, the User will be informed by appropriate means.

17 – Severability

If any provision of these ToS is held to be void, unlawful or unenforceable, it shall be deemed unwritten and the other provisions shall retain their full effect.

18 – Entire agreement

These ToS, together with the Terms of Sale, the Return & Refund Policy and the Privacy Policy, constitute the entire agreement between the User and the Publisher regarding use of the website.

19 – Applicable law – Disputes

These ToS are governed by French law. In case of dispute, the User is invited to contact the Publisher first to seek an amicable resolution. Failing that, any dispute shall be brought before the competent French court, subject to mandatory provisions applicable to the consumer, who may in particular bring proceedings before the court of their place of residence.

For sales, the consumer Customer may also refer the matter free of charge to the competent consumer mediator, under the conditions described in Article 12 of the Terms of Sale.

20 – Contact

• Email: contact@thefrenchsimracer.com
• Phone: +33 6 85 39 77 21
• Address: PHOENIX SAS – The French Simracer, 8 Rue Albert Einstein, 85340 Les Sables d’Olonne – France