General terms and conditions of sale
These general terms and conditions of sale (hereinafter, the "Terms and Conditions") constitute, unless expressly agreed otherwise, the law between the signatory parties and apply to all orders placed by Customers with CrashKart France, registered with the Saint-Quentin Trade and Companies Register under number 948 180 104, whose registered office is located at 6 Avenue Archimède, Saint-Quentin, (F-02100), hereinafter referred to as "the Company". The Customer's signature on the quote implies acceptance of these Terms and Conditions, which together form an essential element of the contract without which the agreement of wills is not valid.
Throughout this document, the Client shall be understood to be the party with whom the purchase and sale relationship is established and the party who will be invoiced for the order. The Client is acting in a professional capacity and declares that it is acting for purposes related to its commercial activity.
If one or more clauses of these Terms and Conditions are held to be invalid or declared as such pursuant to any law, regulation, or administrative or judicial decision, the other clauses shall remain in full force and effect. The parties shall replace the invalidated clause with an equivalent clause.
The Company reserves the right to modify these Terms and Conditions at any time. In this case, only those in effect at the time the order is placed will apply.
ARTICLE 2: PRE-CONTRACTUAL INFORMATION OBLIGATIONS
Prior to any order, the Company provides a quote containing at least:
- The essential characteristics of the products and/or services,
- The price of the products and/or services,
- The date or deadline by which the professional undertakes to deliver the products and/or perform the services,
- Les informations relatives à son identité, à ses coordonnées postales, téléphoniques etc
- Reading these Terms and Conditions
The Client agrees to provide all useful and necessary information. As a professional, the Client is solely responsible for ensuring, before placing any order, that the products or services are suitable for use at the intended locations. If the use of the products requires authorization, the Client is solely responsible for obtaining it. Failure to obtain authorization shall under no circumstances render the Company liable, nor shall it constitute grounds for termination of the contract for the Client.
Under these general terms and conditions, the products delivered by the Company to the Customer consist of connected electric go-karts and their parts, the elements enabling the installation of circuits for the use of said go-karts, the signage and the related telecommunications elements (hereinafter, the "products").
Under these terms and conditions, the services provided by the Company to the Client consist of making the CrashKart brand available (in accordance with these Terms and Conditions) and the following marketing and communication services: motion design video, on-board camera video, flyers, lead generation materials, frequently used pricing, and prospecting tools. (hereinafter, the "Services")
ARTICLE 3: ORDER – ORDER VALIDATION
Sales are concluded exclusively at the CrashKart France headquarters. No orders can be placed at the customer's home address. However, the customer may return the signed, unmodified quote by mail or email.
The order, which constitutes the contract between the parties under these Terms and Conditions, will only become firm and final after the occurrence of the last of the following 3 events:
- The Client's signature on the quote,
- Order confirmation by the Company's services,
- The collection of the deposit stipulated in the quote,
Any product or service not expressly mentioned in the order will require a new quote and additional billing. This additional quote may, if necessary, extend the initial delivery date. The Company reserves the right to cancel any order that proves technically impossible to fulfill.
ARTICLE 4: PRICE - VALIDITY
The quote provided to the Client is valid in its entirety (price, specifications) for a period of one month from the date of issue. The Client is definitively bound by the quote. Prices are based on the VAT rates in effect on the date the quote is issued, and any subsequent changes to these rates will be reflected in the prices.
ARTICLE 5: PAYMENT
Payment for the order must be made in full, i.e., 100% of the total price including VAT of this quote.
Any sum paid in advance constitutes a deposit. In the event of cancellation of the order by the Client, the deposits paid remain the property of the Company.
Payment is made under the conditions indicated on the order or in cash upon receipt of the invoice and cannot give rise to any discount (cheque, cash up to 1,000 euros in accordance with article L112-6 of the Monetary and Financial Code).
Any failure by the Client to pay all or part of the deposits will automatically suspend the execution of the order until full payment of the agreed price is received, without prejudice to any contractual liability actions that the Company reserves the right to take. Under no circumstances may the Client hold the Company responsible for suspending the execution of an order due to its own failure to pay, and no claim for damages may be brought by the Client.
In the event of late payment of the invoice, in accordance with the applicable payment terms, and after a formal notice sent to the Client by registered letter with acknowledgment of receipt has remained unanswered for a period of 7 days, the outstanding balance of the invoice will become immediately due and payable. Any invoice not paid by its due date will accrue interest at a rate of three times the legal interest rate on the outstanding amounts without the need for a formal notice. Furthermore, in the event of failure to meet payment deadlines, a fixed penalty of €40 for recovery costs will be charged, without prejudice to any additional costs.
Under no circumstances does the filing of a complaint by the Client against the Company entitle the Company to withhold all or part of the sums owed by the Client to the Company, except for a sum of 5% of the total amount including VAT of the signed quote. This sum must be paid once the complaint has been processed by the Company.
ARTICLE 6: TERMINATION
In the event of non-payment by the due date of any sum owed under these Terms and Conditions, or in the event of any breach of any of its obligations by the Client, the order will be automatically terminated, at the Company's discretion, 15 days after a formal notice sent by registered letter with acknowledgment of receipt has remained unheeded. The trademark license as referred to in Article 11 of these Terms and Conditions will cease immediately, the Client will cease using the services, and the Company will then be entitled to reclaim the products and, in the event of their unavailability, or cancellation of the order before delivery of the products, to claim from the Client compensation for damages suffered, taking into account the costs incurred by the Company for the marketing, manufacture, and delivery of the ordered products, as well as the resulting lost profits. This compensation shall not be less than 10% of the total contract amount including VAT, increased to a minimum of 50% of the order amount if the termination occurs after production has begun. If the Company does not intend to invoke automatic termination, it shall be entitled to continue fulfilling the order and to claim payment of all sums due, plus interest at a rate equal to one and a half times the legal rate from the due date, and a penalty of 10% of the contract amount.
ARTICLE 7: TRANSFER OF OWNERSHIP
Ownership of the delivered goods is transferred only upon full payment of the principal and any associated charges. Should payment not be received within the agreed timeframe, the Company reserves the right to reclaim the delivered goods after formal notice sent by registered letter with acknowledgment of receipt.
These stipulations do not preclude the transfer of risk of loss, theft, or deterioration and damage. This risk is transferred to the Customer upon delivery of the goods, as the seller no longer has any control over the delivered items.
ARTICLE 8: DEADLINES
Delivery times are given as an indication only and failure to meet them cannot lead to cancellation of the sale, refusal of the goods, penalty, or damages.
These indicative timeframes only begin to run from the occurrence of the following cumulative events:
- Signing of the quote,
- Collection of the advance payments stipulated in the contract.
Public holidays, weekends, and the Company's and its suppliers' vacation periods are not taken into account when determining delivery dates. Once the Customer has accepted the delivery date, they undertake to ensure that their premises are ready to receive the products on the agreed date.
La responsabilité de la Société est tout état de cause dégagée pour tout cas fortuit ou de force majeure tels que : intempéries, grèves, y compris grèves du personnel ou des fournisseurs guerre, émeutes, crise sanitaire, incendie, lockout, fermeture administrative, inondation, faits de tiers, empêchement de transport, etc. intervenant chez elle ou chez ses fournisseurs
ARTICLE 9: ORDER RECEIPT
La réception générale et définitive des produits est prononcée tacitement dans les 7 jours qui suivent la livraison, en l’absence de toute non-conformité signalée par le Client à la société dans ce délai. Toute non-conformité doit être dûment documentée par le Client pour être prise en compte. Dans le cas où le Client signale à la Société une ou plusieurs non-conformités des produits dans les 7 jours suivants la livraison, la Société s’engage à apporter les remèdes utiles et nécessaires selon les moyens qu’elle détermine elle-même. Une fois les non-conformités remédiées par la Société, la procédure de réception est faite selon les modalités du présent article.
Once the general and final acceptance has been pronounced, this means that the Client expressly acknowledges that the delivered products conform to the order.
ARTICLE 10: CONDITIONS OF USE OF THE PRODUCTS
The products are intended for recreational use only on tracks supplied by the Company, in sufficient space and favorable weather conditions. The products may not be used on roads dedicated to motor vehicles.
The Customer is prohibited from disassembling, modifying, copying, reproducing, or reselling the products and/or their component parts, including the CrashKart connected device, without the Company's prior express consent. In such cases, no liability or warranty may be sought against the Company, and the Customer shall indemnify the Company against any claims from third parties.
ARTICLE 11: TRADEMARK LICENSE
The Company grants the Client a right to use the following trademark: French trademark CrashKart (semi-figurative), registered under number 19 4 519 173, in the name of the Company.
ARTICLE 12: RESPONSIBILITIES
The Customer is solely responsible for the use of the products. If the Customer assembles the products themselves, they are solely responsible for any damage that may result from improper assembly or failure to follow the assembly instructions provided. The Customer shall indemnify the Company against any third-party claims arising from the Customer's negligence.
Except as expressly provided by law, the Company's liability is limited to the amount of money it receives from the Customer for the order in question. The Customer expressly acknowledges and accepts that the products include numerous wear parts and consumables (such as tires, drive chains, and wheels) for which, once final acceptance has been granted, the Company assumes no responsibility.
ARTICLE 13 : GARANTIES
The Customer benefits from legal guarantees. The Company is bound by the guarantee against eviction and the guarantee against hidden defects for the products sold, from the date of receipt and provided that the product's conditions of use are respected. However, the Company cannot be held liable for any damage not directly related to the delivered products (such as lost profits, loss of opportunity, etc.). Furthermore, the guarantees will not apply if the products have been used abnormally, if the Customer has not complied with the assembly or operating instructions, if the products have been modified at the Customer's initiative, if the products have not been stored correctly, or if the defects result from normal wear and tear, and generally in the event of failure to comply with the Company's instructions and guidelines.
ARTICLE 14: INSURANCE
The Client and the Company declare that they are insured with a leading insurance company to cover their civil liability related to risks associated with the use of the products. The Company's insurance company may offer professional liability insurance tailored to the Client's business activities, in order to protect the Client's commercial operations.
ARTICLE 15: DATA PROCESSING AND FREEDOM OF INFORMATION
The personal data collected by the Company in connection with the quote is useful and necessary for the execution of any order. Refusal to provide certain information may prevent the proper execution of the order. The data may be transmitted to third parties involved in the Client's order (suppliers in particular), and will be kept for the duration of the performance of the services and until the expiry of all applicable statutes of limitations for the services rendered.
The Client is informed that, pursuant to Articles 38 to 40 of French Law No. 78-17 of 6 January 1978, as amended, concerning information technology, data files and civil liberties, and Article 13 of Regulation (EU) 2016/679, individuals whose data is processed have the right to access, rectify, object to, restrict the processing of, erase, and obtain a copy of their personal data. The Client is also informed that, pursuant to Article 40-1 of French Law No. 78-17 of 6 January 1978, as amended, concerning information technology, data files and civil liberties, individuals whose data is processed have the right to provide general or specific instructions regarding the storage, erasure, and communication of their personal data after their death. To exercise these rights, the Customer may contact the Company by mail (6 Avenue Archimède, 02100 Saint-Quentin, France) or by email (contact@crashkart.fr). Individuals whose data is processed may withdraw their consent to the processing of their personal data by the Company under the conditions stipulated in the contractual provisions between the parties and the regulations applicable to the products and services in question.
In the event of a difficulty relating to the processing of personal data, the person concerned has the right to lodge a complaint with the National Commission for Information Technology and Freedoms (CNIL).
The Client, in his capacity as a professional and acting as data controller in the context of an order, undertakes to inform the persons concerned by the resulting data processing by all appropriate means.
ARTICLE 16: DISPUTE RESOLUTION
These terms and conditions are subject to French law.
The parties agree to seek an amicable solution to any dispute that may arise between them concerning the formation, performance, and interpretation of these General Terms and Conditions of Sale. In the event of a claim between the parties, the Customer agrees to first contact the Company by email at contact(at)crashkart.fr or by registered letter with acknowledgment of receipt to the following address: 6 Avenue Archimède, 02100 Saint Quentin, France. Should the dispute persist, the Customer and the Company agree to implement an amicable dispute resolution procedure. A meeting will be arranged at the initiative of either the Customer or the Company, either at the Company's headquarters or at the Customer's premises. The party initiating the meeting will send their request by registered letter with acknowledgment of receipt. The recipient of the letter agrees to respond within 15 days of its presentation.
In the event that a dispute persists despite a prior, amicable, written complaint addressed directly to the Company, the competent jurisdiction is that of the Company's domicile.