The present conditions of sale are concluded on the one hand by the company NWS-Racing (MONSIEUR NICOLAS POUCET) whose registered office is located in Beaussais-sur-Mer, registered with the Saint-Malo Trade and Companies Register under number A 929 373 074 hereinafter referred to as NWS-Racing (MONSIEUR NICOLAS POUCET) and managing the NWS-Racing.com website and, secondly, by any individual or legal entity wishing to make a purchase via the NWS-Racing website hereinafter referred to as the "Buyer".
Article 1. Purpose
The purpose of these terms and conditions of sale is to define the contractual relationship between NWS-Racing and the purchaser and the conditions applicable to any purchase made through the NWS-Racing website. The purchase of a product through this website implies the Buyer's unreserved acceptance of these terms and conditions of sale, which the Buyer acknowledges having read prior to placing an order. Prior to any transaction, the Buyer declares, on the one hand, that the purchase of products on the NWS-Racing website is not directly related to his/her professional activity and is limited to strictly personal use and, on the other hand, that he/she has full legal capacity, enabling him/her to commit to the present terms and conditions of sale.
The company NWS-Racing (MONSIEUR NICOLAS POUCET) reserves the right to modify these terms and conditions of sale at any time, in order to comply with any new regulations or in order to improve the use of its site. Consequently, the applicable conditions will be those in force at the date of the buyer's order.
Article 2. Products
The products offered are those shown on the NWS-Racing.com website, while stocks last. NWS-Racing reserves the right to modify the product range at any time. Each product is presented on the website in the form of a description of its main technical characteristics (capacity, use, composition, etc.). The photographs are as accurate as possible, but are not binding on the Vendor. The sale of products presented on the NWS-Racing website is intended for all buyers residing in countries that fully authorize the entry of these products into their territory.
Article 3. Rates
The prices appearing on the product sheets of the internet catalog are in Euros (€) and include all taxes (TTC), taking into account the VAT applicable on the day of the order. Any change in the VAT rate may be reflected in the price of the products. NWS-Racing reserves the right to modify its prices at any time, it being understood, however, that the price appearing in the catalog on the day of the order will be the only price applicable to the purchaser. The prices indicated do not include delivery charges, which are invoiced in addition to the price of the products purchased, depending on the total weight of the order.
Article 4. Order and payment terms
Before placing an order, the buyer must create an account on the NWS-Racing website. The account creation section can be accessed directly from the side menu bar. Each time the Buyer visits the site, if he/she wishes to place an order or view his/her account (order status, profile, etc.), he/she must identify him/herself using this information. NWS-Racing offers the buyer the option of ordering and paying for products in several stages, with 2 payment options to choose from:
- Payment by credit card ;
- Secure payment by PayPal.
The buyer selects the products he wishes to order in the "shopping basket", modifies them if necessary (quantities, references...), checks the delivery address or enters a new one. Next, the shipping costs are calculated and submitted to the buyer, along with the name of the carrier. The buyer then selects the payment method of their choice. In the next step, the buyer is asked to check all the information, to read and accept the present terms and conditions of sale by ticking the appropriate box, and then to confirm the order by clicking on the "Confirm my order" button. Finally, the buyer is redirected to the secure payment interface, where he/she can enter his/her Paypal account details or personal credit card details. If the payment is accepted, the order is recorded and the contract definitively formed. Payment by Paypal account or credit card is irrevocable.
In the event of fraudulent use of the card, the purchaser may demand cancellation of the card payment, in which case the sums paid will be credited back or refunded. The cardholder is not liable if the disputed payment has been proven to have been made fraudulently, at a distance, without physical use of the card. To obtain reimbursement of the fraudulent debit and any bank charges that may have been incurred, the cardholder must contest the debit in writing to his or her bank within 70 days of the transaction, or 120 days if provided for in the contract with the bank. The amounts debited will be reimbursed by the bank within one month of receipt of the cardholder's written objection. No costs will be charged to the cardholder for the return of the sums.
Confirmation of an order implies acceptance of these terms and conditions of sale, acknowledgement of full knowledge thereof, and waiver of the right to invoke one's own terms and conditions of purchase. All data supplied and the recorded confirmation shall constitute proof of the transaction. If the purchaser has an e-mail address and has entered it on the order form, NWS-Racing will send an e-mail confirming that the order has been registered.
If the buyer wishes to contact NWS-Racing, he may do so either by post at the following address: NWS-Racing, 4 rue des basses saudrais, 22650 Beaussais-sur-Mer; or by email at the following address: contact@nws-racing.comor by telephone on 06.52.79.13.52; or on the NWS-Racing Community Discord.
Article 5. Reservation of ownership
NWS-Racing retains full and complete ownership of the products sold until full payment has been received, in principal, costs and taxes included.
Article 6. Withdrawal
In accordance with article L121-20 of the French Consumer Code, the buyer has a period of fourteen working days from the delivery of their order to exercise their right to right of withdrawal and return the product to the seller for exchange or reimbursement without penalty, with the exception of return shipping costs.
Article 7. Delivery
Deliveries are made to the address indicated on the order form, which can only be within the agreed geographical area. Orders are placed by La Poste via COLISSIMOdelivery service with tracking, delivery without signature, or Mondial RelayWe also offer a delivery service to relay points and lockers. Delivery times are given as an indication only; if they exceed thirty days from the date of order, the sales contract may be cancelled and the purchaser reimbursed.
NWS-Racing may provide the purchaser with a tracking number by e-mail. The buyer is delivered to his home by his letter carrier. If the purchaser is absent, he or she will receive a delivery notice from the letter carrier, allowing him or her to collect the products ordered from the nearest post office, within a period indicated by the postal services. The risks associated with transport are borne by the purchaser from the moment the items leave the premises of NWS-Racing. The purchaser is obliged to check the condition of the packaging and the contents of the goods on delivery, in the presence of the employee of La Poste or the delivery person. In the event of damage in transit, any protest must be made to the carrier within three days of delivery.
Article 8. Warranty
All products supplied by NWS-Racing are covered by the legal warranty stipulated in Articles 1641 et seq. of the French Civil Code. In the event of non-conformity of a product sold, it may be returned to NWS-Racing, which will take it back, exchange it or reimburse it. All claims, requests for exchange or reimbursement must be made by post to the following address: NWS-Racing, 4 rue des basses saudraies, 22650 Beaussais-sur-Mer, within the following time limit thirty days after delivery.
Article 9. Liability
In the distance selling process, NWS-Racing is only bound by an obligation of means. NWS-Racing cannot be held liable for any damage resulting from the use of the Internet, such as loss of data, intrusion, viruses, service interruptions or other unintentional problems.
Article 10. Intellectual property rights
All elements of the NWS-Racing website are and remain the exclusive intellectual property of NWS-Racing. No one is authorized to reproduce, exploit, or use for any purpose whatsoever, even partially, elements of the site whether in the form of photo, logo, visual or text.
Article 11. Personal data
NWS-Racing undertakes to maintain the confidentiality of any information provided by the purchaser, which he or she may be required to transmit in order to use certain services. Any information concerning the Buyer is subject to the provisions of French law no. 78-17 of January 6, 1978. As such, Internet users have the right to access, modify and delete information concerning them. They may request this at any time by post to the following address: NWS-Racing, 4 rue des basses saudraies, 22650 Beaussais-sur-Mer.
Article 12. Settlement of disputes
These conditions of distance selling are governed by French law. For all disputes or litigation, the competent court will be that of Saint-Malo.