These General Terms and Conditions apply to sales or rentals carried out by the company ERTF (hereinafter the “Seller”), competition@ertf.com / +33 2 97 87 07 08; and any professional or consumer Client.
The products covered herein, sold or rented, are GPS and/or “Sentinel” equipment intended to equip vehicles.
Depending on the status of the client, consumer or professional, the provisions of the Consumer Code may or may not apply. Any order intended to be used in a professional rally, defined as an organised motor sport competition consisting of specific routes to be followed by vehicles, with timed stages and official rankings, shall be deemed to be placed on a professional basis.
These General Terms and Conditions of Sale may be subject to modifications; the applicable version is the one in force on the date of the order.
1. ORDERS
Any order placed implies the immediate acceptance by the client of these general terms and conditions of sale, which prevail over any other document, including any purchasing conditions of the client.
Orders for items listed in our catalogue must be made in accordance with the catalogue instructions and must state the full reference, item description and quantity. Telephone orders must be confirmed by email. The order implies payment of the security deposit to be valid.
In case of rental, the order must state the requested rental period.
2. ORDER CANCELLATION
All orders are firm and no cancellation will be accepted. In case of partial or full return of the material, prepaid and subject to agreement, reimbursement will be limited to 75% of the invoiced value, provided that the material is in its original packaging and has not suffered any damage. Travel and transport costs are not refundable.
3. DELIVERY TIMES
For professional clients, delivery times are given for information purposes only and are not binding. No penalty for delay may be claimed in the event of delay. Delays beyond our control cannot justify cancellation of an order or give rise to any form of penalty.
The client must ensure that the order is placed at least 3 weeks before the start of the event in which they intend to participate.
4. TRANSPORT
Goods travel at the risk of the professional client, who is responsible for making the necessary reservations with the carrier within the time limits provided by the Commercial Code.
5. CLAIMS
No claim from a professional client will be accepted more than 8 days after receipt of the goods.
6. PAYMENT TERMS
Payment for a purchase must be made at the time of the order. Deposits may be collected where necessary to guarantee payment for repairs resulting from damage, destruction or theft of rented equipment (this list is not exhaustive).
7. RETURN OF RENTAL EQUIPMENT
For rally rentals:
The return of the equipment shall take place upon arrival of the rally, or at stages in case of early withdrawal, to duly authorised personnel of E.R.T.F.
At the end of the rally or in case of withdrawal, you must dismantle and return the GPS. Assembly and disassembly operations are not part of the obligations or responsibility of the Seller.
For any final return, the client must request from the technician receiving the device a receipt stating the apparent cause of the malfunction as well as its external condition.
Failing such receipt, no security deposit shall be refunded.
Once the equipment has been returned, the security deposit, minus any repair costs and/or replacement of destroyed equipment and/or purchase of small items during the rally, shall be refunded within a maximum of six weeks after return of the rented equipment.
Any equipment belonging to the rental pack not returned at the end of the race will be invoiced and deducted from the security deposit.
Any GPS and/or Sentinel not returned at the end of the race will be invoiced at a rate of 80 euros per week, deducted from the security deposit.
For standalone rentals:
The client undertakes to return, at their own expense, all equipment provided during the rental (GPS, accessories) within a maximum period of 2 weeks. The equipment must be returned in its original packaging, carefully and adequately protected..
8. WARRANTY
E.R.T.F undertakes to rent to the client equipment in perfect working condition and to replace it if necessary. The rental price includes any replacement of parts or components recognised as defective, as well as servicing of the device after use. The rental price does not cover replacements or repairs resulting from damage, accident, faulty installation or damage caused by batteries.
Regarding sold equipment, the warranty is six months from the date of delivery.
In no case shall E.R.T.F be held liable for direct or indirect consequences, whether to persons or property, resulting from a failure of equipment sold or delivered by E.R.T.F. No compensation may be claimed on this basis under any circumstances, including loss of use. The client is more aware than the supplier of their own needs and the use of the product. Therefore, the supplier provides no warranty on its products or services other than those expressly granted at the time of order acceptance.
In the case of sales to consumer clients, the products benefit by right from:
- The legal warranty of conformity, for products that are apparently defective, damaged or not corresponding to the order;
- The legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered products and making them unfit for use.
Under the legal warranty of conformity, the consumer client:
- Has a period of two years from delivery of the goods to act against the seller;
- May choose between repair or replacement of the product, subject to cost conditions provided for by applicable law;
- Is exempt from proving the existence of the lack of conformity within 24 months of delivery;
- The legal warranty of conformity applies independently of any commercial warranty.
The client may decide to invoke the warranty against hidden defects in accordance with applicable civil law; in such case, they may choose between cancellation of the sale or a price reduction.
9. LIMITATION OF LIABILITY
The client remains responsible for the use of the equipment and for the guidance decisions made using it. The Seller shall not be held liable for damages resulting from improper use of the rented or sold device, in particular use contrary to applicable law (including data protection and privacy regulations), or failure to inform or obtain consent from persons affected by geolocation.
Under no circumstances shall the Seller be liable for consequences arising from interruption, error or insufficiency of geolocation services, unless such failures are attributable to gross negligence or wilful misconduct by the Seller.
The liability of each party, in the event of proven fault, is limited to compensation for direct, personal, certain and foreseeable damage suffered by a party, excluding indirect damages, whether foreseeable or not (including but not limited to: loss of business, loss of profit margin, reputational damage).
Except in the case of gross negligence or wilful misconduct, the maximum liability of the Seller shall in all cases be limited to the total amount excluding tax invoiced and paid under the order.
10. INTELLECTUAL PROPERTY
The company holds intellectual property rights over the equipment made available, including without limitation invention rights, copyrights, trademarks, designs and models, software, databases, plans and commercial documents.
The equipment made available to the client includes software elements which remain the exclusive property of the company. The client has a personal, non-transferable right to use these elements solely for the purpose of benefiting from the services under the order and subject to full payment.
Except where mandatory legal provisions apply, the client expressly undertakes not to disassemble the equipment or decompile, reproduce, translate, adapt, modify or reverse engineer the software in any manner whatsoever. Any breach of this prohibition shall result in immediate termination of the contract and/or legal proceedings.
11. TRANSFER OF OWNERSHIP AND RISK
Transfer of ownership of the equipment occurs after full payment of the price by the client.
The risk of loss or damage to the products is transferred to the client at the moment the client takes physical possession of the products.
In case of non-payment, the Seller may require, by any means, the return of the equipment at the client’s expense and risk.
12. PERSONAL DATA PROTECTION
In accordance with applicable data protection regulations (GDPR), you have rights of access, rectification, objection and deletion regarding your personal data.
By accepting these terms, you consent to the collection and use of your data for the performance of the contract.
By entering your email address on our website, you will receive emails relating to your order. You may unsubscribe at any time by email or registered letter.
The Seller does not process personal data on behalf of the client and does not have access to transmitted data. The client is responsible for the use of the equipment and must strictly comply with applicable regulations.
13. APPLICABLE LAW – JURISDICTION – MEDIATION
These terms are governed by French law.
- For professional Clients:
Any dispute relating to these General Terms and Conditions or orders which cannot be resolved amicably, including their validity, interpretation, performance or termination, shall fall under the exclusive jurisdiction of the Commercial Court of Lorient, notwithstanding multiple defendants or third-party proceedings, including urgent or interim proceedings.
- For consumer Clients:
All disputes arising from sales under these terms shall be submitted to the competent courts under ordinary law. In the event of a dispute or claim, the client shall first contact the seller in order to seek an amicable solution.Disputes are handled by competent courts under common law. Customers are encouraged to seek amicable solutions first.
The consumer client is informed that they may use an out-of-court mediation procedure.