General terms and conditions of sale

1. Definitions

1.1 For the purposes of these Terms and Conditions, the terms ” Customer “, ” Customer ” and ” Buyer ” have the same meaning and define any person, natural or legal, who visits and/or uses the spracing.ch Site.

1.2 ” Order ” means the offer to purchase, i.e. the offer made by the customer to SP Racing Team SA to order the products and/or services of SP Racing Team SA.

1.3 The abbreviation ” CO ” stands for “Code of Obligations of 20 March 1911” in its content on the date of publication of these General Terms and Conditions.

1.4 The abbreviations ” art.” and ” para.” mean “article” and “paragraph” respectively.

2. Scope

2.1 These terms and conditions apply to any purchase of products or services from the SP Racing Team SA website, spracing.ch, and govern the contractual relations between SP Racing Team SA and its customers within the framework of a system of distance selling of products and articles. They are an integral part of the contract between SP Racing Team SA and each of its customers and determine all of SP Racing Team SA’s obligations towards its customers.

2.2 This is in no way a trial sale (Art. 223 et seq. CO) or a sale with prior payment (Art. 227a et seq. CO).

2.3 In the event of a DISAGREEMENT with the content of these general terms and conditions, our customers are requested NOT to use the spracing website.ch and to contact SP Racing Team SA so that a specific written contract can be drawn up.

2.4 In the absence of prior written authorisation from SP Racing Team SA, the legal relationship between SP Racing Team SA and the customer remains governed by these general terms and conditions.

3. Prerequisites for any order

3.1 The customer declares that he or she has read and understood these general terms and conditions in their entirety, which form a whole, and is neither prohibited nor under guardianship.

3.2 For any order placed on our spracing.ch website, the customer further declares that he or she has freely accepted the content of these general terms and conditions in their entirety.

4. Conclusion of the contract

4.1 All orders can be made either electronically, from our spracing.ch website, in writing or by email.

4.2 The offer to order (offer to purchase) is deemed to have been made at the time the customer clicks on the “order confirmation” option on the respective website. By placing an order, the customer binds himself and declares that he or she is making an offer to SP Racing Team SA to purchase the product(s) that he or she has previously selected on the spracing.ch website. SP Racing Team SA reserves the right to accept or refuse this offer without giving any reason for this.

4.3 The order confirmation and any annexes thereto list all the goods to be shipped (price and description) and services by SP Racing Team SA.

4.4 The contract is concluded upon receipt by the customer of confirmation from SP Racing Team SA attesting to its acceptance of the order (order confirmation).

4.5 The customer is solely responsible for ensuring that he or she receives confirmation of his or her order. In the absence of confirmation from SP Racing Team SA for the order made, it is the customer’s responsibility to contact SP Racing Team SA to ensure that the order is properly registered and accepted.

5. Data on spracing.ch

5.1 All information of any kind, in particular any technical information or images appearing on the spracing.ch website, does not fall within the scope of the contract and does not bind SP Racing Team SA.

5.2 This information, as well as the links on the spracing.ch website, are purely and solely indicative and may not correspond to the manufacturer’s data. SP Racing Team SA does not check for their accuracy or offer any assurance about them, our customers are requested to refer directly to the manufacturer itself.

5.3 Therefore, only those qualities that have been expressly described as such in the order confirmation accompanying the delivered goods are considered to be the promised qualities.

5.4 SP Racing Team SA reserves the right to make any changes to the site at any time that may improve it, in particular spracing.ch its presentation.

6. Shipping the order

6.1 SP Racing Team SA undertakes to ship the product(s) ordered to its customers within the limits of these general terms and conditions. The shipment of the products is understood to be their shipment only, by SP Racing Team SA.

6.2 The place of performance of the contract is at the headquarters of SP Racing Team SA.

6.3 SP Racing Team SA ships its products within Switzerland, Liechtenstein and Europe.

6.4 For security reasons, no shipments are made to any address with a P.O. Box.

6.5 The delivery of the product(s) ordered, at the sole expense and risk of the customer, shall be made by means of any transport company such as, primarily, but not exclusively, Swiss Post, to the place specified by the customer in the order.

6.6 Transport to the place of delivery is exclusively governed by the general terms and conditions of the third party to whom SP Racing Team SA has entrusted the ordered goods.

6.7 Once the ordered goods have been shipped, it is the sole responsibility of the parcel transport company to deliver the ordered items.

6.8 In the event of problems arising from the carriage, the customer is obliged to express the appropriate reservations without delay and by registered letter with acknowledgement of receipt to the carrier or to make a reasoned protest.

7. Error in Shipping

7.1 The customer is obliged to check immediately, i.e. upon receipt of the goods, the conformity of the goods with the order.

7.2 However, the customer has a maximum period of three days net (including the two days of the weekend) from the day of delivery of the product (this day being counted as the first day) to notify SP Racing Team SA of any possible errors in the shipment.

7.3 In the event of an error attributable to SP Racing Team SA, the costs of returning goods to the customer that conform to the one ordered shall be borne by SP Racing Team SA.

8. Withdrawal

8.1 Apart from the case of delivery errors attributable to SP Racing Team SA or in the event of a warranty within the meaning of these General Terms and Conditions, there is NO RIGHT for the customer to return any ordered goods.

• • However, SP Racing Team SA can only enter into a possible withdrawal if the customer expresses his or her wish to do so no later than five days from the day of delivery and complies with the procedure applicable to the return of goods (infra 9).

• • Any request for withdrawal will only be taken into consideration by SP Racing Team SA insofar as it has been the subject of a written request from the customer (by email or fax), a request by telephone not being admissible.

• • In the event of a withdrawal accepted by SP Racing Team SA, the customer concerned will be credited with the amount corresponding to the price of the goods concerned after deduction of all costs (these remain entirely acquired by SP Racing Team SA) and this credit (which does not bear interest) will be charged only to SP Racing Team SA or reimbursed.

9. Return of goods

9.1 Each return of goods must have been made by means of a return request by email. If the request is accepted by SP Racing Team SA, the customer will then receive instructions to return the goods.

9.3 All products that have been the subject of a return agreement must be returned properly packaged within five days (including weekends and public holidays) of delivery at the latest.

9.4 In the event of a return of goods, and provided that this return has been accepted by SP Racing Team SA, the replacement of the same with an identical product is the rule, and the refund of the price (via a credit note valid for 1 year) is the exception.

9.5 Each time goods are returned to SP Racing Team SA, the return will only be accepted if each of the returned items is returned in its entirety and in a condition that can be resold, i.e. unsealed, accompanied by all of its original packaging and any accessories.

9.6 All returned goods will be checked and tested by the technical department of SP Racing Team SA.

9.7 Except in the case of shipping errors attributable to SP Racing Team SA (Art. 7 above) and warranty within the meaning of these General Terms and Conditions (Art. 10 below), any return may be subject to a fee.

10. Warranty

10.1 SP Racing Team AG guarantees that at the time of shipment, the products and services purchased correspond to the agreed contractual specifications.

10.2 It is the sole responsibility of our customers to obtain information about the content of the manufacturers’ warranties directly from them.

10.3 Unless otherwise stated, and subject to a different manufacturer’s warranty (priority over the warranty of SP Racing Team SA), SP Racing Team SA guarantees its MONNIER motorcycles for one year and new spare parts for approved motorcycles for 1 year.

10.4 The warranty offered by SP Racing Team SA consists exclusively of exchange or repair.

10.5 Any return of goods for replacement due to defects that is declared non-defective by the technical department of SP Racing Team SA will incur a handling fee of CHF 15.– plus the cost of verification by the technical department. These goods are made freely available to the customer at the premises of SP Racing Team SA for collection at the customer’s expense only.

10.6 In the event of an alleged defect, the customer declares that he agrees to abide by the findings of fact and conclusions reached by the technical department of SP Racing Team SA.

10.7 Any defect found must be immediately brought to the attention of SP Racing Team SA by the customer, provided that such defect is covered by the warranty offered under these general terms and conditions.

10.8 When purchasing a plurality of products, their possible defectiveness, their replacement or the impossibility of shipping them do not invalidate the purchase contract in its entirety. SP Racing Team SA manages the order of each product independently of each other.

10.9 The customer is entitled to the statutory guarantee of exclusion in all cases (Art. 192 et seq. CO).

11. Exclusion of liability

11.1 SP Racing Team AG is not liable for defects that the customer was aware of at the time of purchase (Art. 200 CO).

11.2 SP Racing Team SA is not responsible for any failure by the transport company or any third party to comply with any delivery times for the products ordered.

11.3 Any warranty is excluded if the purchaser or a third party makes or causes to be made improper alterations or repairs or if, in the event of defects, the purchaser or recipient of the defective product does not take all appropriate measures to reduce the damage.

11.4 Any warranty is also excluded in the event of deterioration of the product due to an accident or electrical event, abnormal or excessive use of the product or any improper use of the same.

11.5 SP Racing Team SA cannot be held liable for any damage of any kind that may be caused subsequently by the misuse of the goods it sells.

11.6 SP Racing Team SA is not liable for any damage caused as a result of modifications by their manufacturers to the products it sells.

11.7 SP Racing Team SA cannot be held liable in the event of non-performance, in whole or in part, of its obligations towards its customers, caused by any event constituting force majeure or fortuitous events such as, in particular, flood, fire, earthquake, war, problems affecting our suppliers, exchange rate fluctuations, acts of public authorities, natural disasters.

11.8 SP Racing Team SA is also not obliged to compensate for any indirect damage such as travel expenses, loss of earnings, loss or alteration of data of any kind and on any medium whatsoever, costs incurred by the impossibility of using the product concerned.

11.9 The liability of SP Racing Team SA is in any case limited to the amount of the order and cannot be incurred subsequently for any errors or omissions that may have remained on the spracing.ch site despite all the precautions taken in the presentation of the products.

11.10 Any restrictions or exclusions within the meaning of these General Terms and Conditions of the civil liability of SP Racing Team SA (or its vicarious agents) vis-à-vis its customers shall however have no effect in the event of fraud or gross negligence, or if they have contravened provisions of mandatory law.

12. Specific warranty and return provisions

12.1 The warranty of all products sold by SP Racing Team SA is that of the manufacturer, the warranty of the software being that of the publisher.

12.2 Any product considered to be ” software ” or ” consumable ” cannot be returned if its packaging has been opened, if the product has been depackaged or if it has been used.

12.3 SP Racing Team SA does not provide any guarantee with regard to any possible incompatibility of the purchased product with our customers’ system or other components. The latter is therefore requested to check with the manufacturer of the product, prior to any orders on our site, that it is compatible with its system or with the system of the third party from which it intends to purchase.

12.4 In the event of a return of goods due to defects, the duration of the product checks and, if necessary, its repair, may vary from a few weeks to several months and is in no way guaranteed by SP Racing Team SA.

12.5 During the time required for the verification and repair of the returned goods, no substitute equipment is provided and SP Racing Team SA does not assume in any way the costs and expenses of any possible rental of such replacement equipment.

12.6 Any subsequent repair of a misconfiguration or incompatibility between various components, i.e. in general, any subsequent repair of a problem in the installation or use of the purchased products does not fall within the scope of the warranty and is invoiced in full to our customers.

12.7 When SP Racing Team SA has agreed to have a product returned to it as a warranty and exchanged, the normal average time for replacing the said product is thirty working days from the day on which SP Racing Team SA received the said goods in return. However, compliance with this deadline is not guaranteed as it may vary in duration due to the state of availability of the replacement goods. SP Racing Team SA is subject to the prior obtaining of the guarantee agreement that its supplier must give it before any exchange can be carried out by it.

12.8 Any product returned and the exchange of which has been accepted as a warranty by SP Racing Team SA becomes the exclusive property of the latter.

13. Prizes

13.1 Our price consists of the selling price of the products listed on our spracing.ch website, i.e. the base price, ex our store, in freely available Swiss francs, and without deduction of any kind. Our prices are further increased by any incidental costs, such as shipping costs, as well as any other taxes, levies, levies, and other fees levied in connection with the contract.

13.2 The customer is requested to contact SP Racing Team SA for any information concerning the said fees prior to placing any order.

13.3 Only the price stated on the order confirmation shall prevail , even in the event of a price variation between the date of placing the order and the date of delivery.

13.4 For customers residing in Switzerland, the base price of each of our products includes value added tax (VAT), the details of which are set out separately. The VAT rate is the one in force on the date shown on the order confirmation. Any variation in the VAT rate is immediately reflected in our prices. For customers residing abroad, the price displayed does not include VAT.

14. Payment

14.1 The payment methods accepted by SP Racing Team SA are exclusively those appearing on the spracing.ch website.

14.2 No special payment period is granted, unless expressly agreed in advance in writing by SP Racing Team SA.

14.3 In the event of default (delay) in payment by the customer, SP Racing Team SA reserves the right to claim default interest of 5% of the total amount due in capital as well as recovery costs. SP Racing Team SA also reserves the right to unilaterally postpone any shipment, even if the customer already has an order confirmation.

14.4 In the event of non-payment, in whole or in part, of the goods ordered, SP Racing Team SA reserves the right to take action for recovery by means of legal proceedings or any other appropriate legal means.

15. Out-of-warranty quote

15.1 Any equipment inspection or any other services of SP Racing Team SA that are out of warranty are carried out on the basis of a written estimate and invoiced according to an hourly rate available from our technical department.

15.2 Only written quotations are valid and their validity is limited to the period stated therein. Otherwise, they are valid for a maximum of three days from the date they are issued.

16. Transfer of risk and retention of title

16.1 SP Racing Team SA retains exclusive ownership of each product shipped until payment of the full price, including incidental costs, has been received.

16.2 When the goods are immobilised at the customer’s premises, the customer is obliged to participate, at his own expense and risk, in all measures necessary to ensure the protection of the property of his beneficiary.

17. Client obligations

17.1 In their dealings with SP Racing Team SA and its staff, our customers must behave in a courteous and diligent manner. In particular, it is obliged to cooperate with our staff by providing them with all the information necessary for the performance of the contract and to facilitate their rapid access to it.

7.2 In addition, each customer is responsible for his or her own choice of goods, the suitability of the same for his or her equipment and use, as well as for his or her telephone and/or postal costs when contacting SP Racing Team SA.

17.3 Our customers are prohibited from transferring these obligations to any third party unless they have previously obtained their written consent from SP Racing Team SA.

18. Termination of the contract

SP Racing Team SA reserves the right to terminate its contract with its customer at any time and without any compensation in the event of the latter’s insolvency or serious and persistent breaches by the latter in the performance of its contractual obligations.

19. Intangible property

19.1 All trademarks appearing on the spracing.ch website belong exclusively to their respective owners, and their presence shall in no way imply the existence of any legal relationship between SP Racing Team SA and their assigns.

19.2 The customer declares that he acknowledges the existence of all rights of the rights holders on all documents and all media such as plans and technical documents transmitted by SP Racing Team SA or appearing on its website.

19.3 The Client undertakes not to bring to the attention of third parties the documents and media received unless it requires the prior written authorisation of the beneficiary.

19.4 The Client declares that he/she undertakes to use the documentation received only in a manner that is in accordance with the purpose for which it was provided, in compliance with the legislation in force and good morals.

20. Personal data: protection and right of access

20.1 In order to allow our customers to make their purchases from the spracing.ch website, it is essential that they agree to provide SP Racing Team SA with certain information in advance.

20.2 SP Racing Team SA undertakes to comply with the provisions of the Federal Act of 19 June 1992 on data protection towards its customers.

20.3 The data communicated to SP Racing Team SA by customers is managed confidentially and is not passed on to third parties, except to comply with a court order or with the agreement of the customer concerned.

20.4 Every customer of SP Racing Team SA has the right to request the modification or deletion of his or her data at any time (i.e. during the opening hours of the SP Racing Team SA offices).

21. Transitional provisions

21.1 Any order confirmation dated before the date of publication of these general terms and conditions shall remain governed by the old version of these general terms and conditions.

21.2 These general terms and conditions apply to any order confirmation made with our customers from the day of the date of their issue.

21.3 Subject to the application of Art. 21.1 above, these Terms and Conditions supersede the previous edition of the Terms and Conditions.

22. Final Provisions

22.1 For any dispute concerning the validity, execution and/or interpretation of these general terms and conditions, the place of jurisdiction shall be exclusively Moudon.

22.2 The customer declares that they accept that the contractual relationship between them and SP Racing Team SA pursuant to these general terms and conditions shall be governed exclusively by Swiss law.

22.3 For all situations that are not governed by these General Terms and Conditions, the Swiss Code of Obligations applies. The mandatory right is reserved.

22.4 In the event of any discrepancy in interpretation between the French, English and German versions of these General Terms and Conditions, only the French version shall prevail.

22.5 If one of the clauses of these General Terms and Conditions should be legally invalid by a court decision, the remainder shall remain legally valid.