Terms & Conditions
ARTICLE 1 – SCOPE
These Terms and Conditions are applicable to the online sale of products through the www.vitessemoto.com website (hereinafter referred to as the Site).
VITESSE S.a.R.L. may modify or amend these Terms and Conditions without notice at any time. It is therefore important that you read this page regularly to ensure you are updated as to any changes.
These Terms and Conditions represent the entire agreement relating to its subject matter. All clause headings used herein are for convenience only and shall not in any way affect the interpretation of these Terms and Conditions.
For any further information relating to these Terms and Conditions, please write to the address indicated below under article 2, or contact VITESSE S.a.R.L. by email email@example.com.
ARTICLE 2 - ABOUT VITESSE S.a.R.L.
The Site is owned by VITESSE S.a.R.L., a company incorporated in France and submitted to French law, with registered office in 124 Vieux chemin de Gairaut 06100 Nice and headquarters at Parc d'activités Nice La Plaine 1, Immeuble F4, avenue Emmanuel Pontremoli, 06200 Nice, France, registered in the Nice Registrar of Companies under No. < >.
Products purchased at the Site www.vitessemoto.com are sold directly by VITESSE S.a.R.L. Such purchases are reserved to direct final users and not addressed to commercial operators, such as wholesalers, retailers, or professionals who intend to re-sell such products to third parties, unless expressely authorized by VITESSE S.a.R.L.
ARTICLE 3 - INTELLECTUAL PROPERTY
The Site is operated by VITESSE S.a.R. L. and all materials contained on the website are the property of VITESSE S.a.R. L.
All materials contained in the Site are protected by international trademark, copyright, patent and/or other intellectual property laws.
The reproduction, duplication, distribution (by any means), publication, display, modification, copy or transmission of material from the Site to other websites for commercial use, is strictly prohibited unless the prior written consent of VITESSE S.a.R.L. is obtained. Requests for permission to reproduce or disseminate materials found on this website can be made by contacting VITESSE S.a.R.L as indicated under articles 1 and 2.
Unless otherwise indicated, all trademarks on the Site are subject to trademark rights of VITESSE S.a.R.L.
ARTICLE 4 – SALES PRICES
Unless indicated otherwise in written form, all the prices indicated must be considered VAT included and expressed in Euros for the European store, in Japanese Yen for the Japanese store, and in US Dollars for the rest of the world.
The prices do not include specific national or regional sales tax, such as US State Sales Tax, nor do they include shipping charges.
Prices may vary in any moment without notice, and only the price indicated at the moment of confirmation of the order by VITESSE S.a.R.L. will be considered the correct price.
ARTICLE 5 – METHOD OF PAYMENT
The Customer must pay for both the Products purchased and respective shipping expenses exclusively through Credit Cards or Paypal.
Whenever Products are purchased by credit card, simultaneously with the conclusion of the transaction on-line, the respective bank will authorize only the outlay of the sum required for the order placed. The sum corresponding to the Products purchased will be definitively debited to the Customer’s credit card only after the respective order has been confirmed by VITESSE S.a.R.L.
Whenever the Customer chooses to exercise his or her right to withdraw following payment for Products purchased on-line, VITESSE S.a.R.L will instruct its bank to credit the exact sum to be reimbursed on the Customer’s credit card. The Customer must possess a credit card that is valid at the moment of order of the Products to be purchased on-line.
At no moment during the purchase procedure will VITESSE S.a.R.L be in the position to obtain information on the Customer’s credit card because all such information is transmitted through a connection protected directly at the Site of the bank assigned to the management of the transaction, and no VITESSE S.a.R.L data bank will ever store such information.
Under no circumstances can VITESSE S.a.R.L be considered liable for any fraudulent or inappropriate use of Customer credit cards used for the purchase of Products through the Site.
Please note that agreements you may have with your credit institute or other institutions may result in additional costs for electronic transfers, holding an account, etc.
ARTICLE 6 – RETENTION OF TITLE
Until such time as full payment has been received, the merchandise remains VITESSE S.a.R.L. property.
ARTICLE 7 - ORDERS
Article 7a – Accepting The Order
An order that is binding for the Customer comes into effect when all of the data necessary to complete the contract has been entered, you have confirmed acceptance of these Terms and Conditions and you have clicked the “Send order” button. Up until the moment as you click this button, you can change your order and the data associated with your order at any time.
We reserve the right to accept an order. The decision is made at the discretion of VITESSE S.a.R.L. If an order is not executed, we will inform you immediately by email.
The confirmation of receipt does not constitute a purchase contract; the confirmation of receipt only documents that your order has been received by us.
Article 7b – Delivery and Delivery Charges
The Products purchased will be delivered by VITESSE S.a.R.L to the address indicated by the Customer.
Each shipment contains: – the Product(s) ordered; – the respective invoice.
Delivery is carried out by DHL or other express delivery partners if preferable and will be handled within 30 days of the day after the consumer placed his order, consistently with EU Directive n° 97/7 of the European Parliament and of the Council of 20 May 1997 on the Protection of Consumers in respect of Distance Contracts.
Article 7c – Availability of Products
The Vitesse store, as any retail store, functions on a first come first served basis. Order now to be among the first riders to receive your Vitesse boots. The first boots will ship from our warehouse at the end of March 2010.
Hunt, Glove and Vulcan are boots that we will maintain in production on a monthly basis so that these items are always available to order, throughout the year.
Would the demand exceed the inventory level, a product would be backordered, and you will be notified of this. It would then be your choice of placing an order to make sure you will get your pair when it arrives into our warehouse.
Article 7d - Return Policy
Besides the right of withdrawal granted to the Customer and detailed under Article 8b, the Customer may return the merchandise for the following reasons within 10 days of receipt of the merchandise : size misfit, construction defect…
Vitesse would then exchange the product after inspection and may refuse to do so where the return request is clearly unfounded.
Packages should be returned to/request for collection is to be made to:
Parc d'Activites Nice La Plaine 1
Avenue Emmanuel Pontremoli
06100 Nice, France.
In the event of an effective return, it must be ensured that the services received by both parties are returned along with any benefits gained as a result (e.g. advantages of use). In the event of the merchandise showing wear or unusual use of any sort, compensation may be demanded by VITESSE S.a.R.L. to the Customer.
We strongly advise you to you use the following method of returning : DHL Express, Fedex, UPS.
ARTICLE 8 – CANCELLATION AND RIGHT OF WITHDRAWAL
Article 8a – Cancellation of Orders by VITESSE S.a.R.L
VITESSE S.a.R.L. reserves the right to cancel an order or an article in an order in any, but not limited to, of the following circumstances: – the articles are indicated as being no longer included in the catalogue; – the articles cannot be delivered for particular reasons;
- credit card fraud.
Article 8b – Right of Withdrawal
Pursuant to the EU Directive n° 97/7 of the European Parliament and of the Council of 20 May 1997 on the Protection of Consumers in respect of Distance Contracts, and to article L121-20 of the French consumer Code, the Customer has a right to cancel his/her order within 7 days without giving any reason and without penalty, except the cost of returning the goods (right of withdrawal).
Where the consumer has cancelled the contract, VITESSE S.a.R.L. will refund the Customer within 30 days of cancellation.
ARTICLE 9 – Liability Disclaimer
Article 9a – Site disclaimer
By entering the Site the Customer acknowledges and expressly agrees that he/she uses it at his/her own risk and that VITESSE S.a.R.L is not liable for any direct, incidental, consequential, indirect, or punitive damages, or any other losses, costs, or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, through the access to, use of, or browsing of the Site or through your downloading of any materials, data, text, images, video or audio from this website, including but not limited to anything caused by any viruses, bugs, human action or inaction or any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections. Although the specifications, features, illustrations, and other information contained in the Site are based upon up-to-date information and while VITESSE S.a.R.L makes all reasonable efforts to ensure that all material on this website is correct, the Site and all information, related materials and products it contains are provided “AS IS.” VITESSE S.a.R.L makes no representation or warranty whatsoever, whether express or implied, regarding the completeness, accuracy, adequacy, suitability, functionality, reliability, availability, or operation of the Site or the information, products or materials it contains. By using the Site, you assume the risk that the information and materials on this website may be incomplete, inaccurate, inadequate, unreliable, or may not meet your needs and requirements.
Article 9b – Product Disclaimer
Motorcycling is an inherently dangerous activity, which may result in personal injury and/or death. VITESSE's products are designed to offer superior riding comfort and performance and while all motorcycle riders should wear appropriate protective equipment, no product can offer complete protection from injury or damage to individuals and property in case of fall, collision, impact, loss of control or otherwise.
A &laqou; Product description section &raqou; illustrates the principle characteristics and technical specifications of each one of the Products. It remains understood that the photos/figures provided in the descriptive section for the Products cannot perfectly represent the characteristics of the same and may differ in terms of colour, dimensions, and accessory products shown in such photos/figures, and that VITESSE S.a.R.L may vary such characteristics in any moment at all without necessarily providing advance notice. VITESSE S.a.R.L declines any and all liability for inaccuracies contained therein, given that they serve purely for the purpose of illustration.
ARTICLE 10 - PRIVACY AND PROTECTION OF PERSONAL DATA
In order to complete the Product purchase procedure, the Customer must register in the Site by entering the data requested in the respective form available in the Site for the selection of a code for personal use and a personal identification code.
All personal data is fundamentally treated in the strictest of confidence. The Customer's personal data is used to enable the optimum handling of the order, to deliver the merchandise, and to provide services and to handle payments. For this purpose, VITESSE S.a.R.L transfers your data to authorized service providers and, if necessary, to associated companies.
For the purposes of handling payments, the data required will be stored on VITESSE S.a.R.L's server.
In addition, data, for example, name, date-of-birth and address will be passed on to financial information services for the purpose of checking the Customer's credit and credit worthiness.
VITESSE S.a.R.L or companies associated with it, will only use the address data given to us within the framework of order processing, for the purposes of advertising or market research when the Customer has expressly given his/her permission for this.
The Customer's permission can be retracted at any time, via his/her customer account, by deactivating the relevant option.
In accordance with Articles 39 and following of Act No. 78-17 of 6 January 1978 relating to computerized data, files and freedoms, the Customer may obtain and, where appropriate, correct or delete any personal information, by submitting a request to VITESSE S.a.R.L. to the address indicated under article 2.
ARTICLE 11 – SEVERABILITY
In the event that any provision of this agreement, or a portion thereof, is determined by a court of competent jurisdiction to be invalid or otherwise unenforceable, such provision, or part thereof, shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this agreement, while the remainder of this agreement shall continue in full force and remain in effect according to its stated terms and conditions.
ARTICLE 12 - GOVERNING LAWS AND JURISDICTION
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with the laws of France.
The Customer irrevocably agrees that the Tribunal de grande instance of Grasse shall have exclusive jurisdiction over any dispute or claim that arises out of or in connection with these Terms and Conditions.
ARTICLE 13 - LANGUAGE
These Terms and Conditions are subjected to be translated in various languages. Should there be any discrepancies among the different translations, the French version would prevail over the English version and the English version would prevail over any other versions.