• Article 1. Presentations - definitions

For the application of these general terms and conditions of sale, the following are considered as :

1. Customer : any person of legal age who acquires a Product on the Platform for purposes other than their professional activities (i.e. as a consumer). Any purchase on a professional basis, in particular with a view to reselling the Products, is prohibited;
2. Trader : Le Circuit de Spa-Francorchamps : the S.A. under public law Le Circuit de Spa-Francorchamps, with registered office at Route du Circuit, 55, 4970 Stavelot, registered at the ECB under number 0833.629.678 (Tel. +32.87.29.37.00, E-mail info@spa-francorchamps.be) ;
3. General Conditions : these general conditions of sale ;
4. Platform : the Spa-Francorchamps Circuit Webshop where the Products are sold;
5. Products : the goods sold by the Circuit de Spa-Francorchamps;
6. Cooling-off period : the period during which the consumer can make use of his right of withdrawal;
7. Right of withdrawal : the possibility for the consumer to withdraw from the distance contract during the cooling-off period.
8. Day : calendar day.

• Article 2. Acceptance of the general conditions

    2.1. The consumer acknowledges having read these general terms and conditions before the distance contract is concluded. If this is not reasonably possible, the consumer may consult these general conditions at the trader's premises before the distance selling contract is concluded. At the consumer's request, they shall be sent to him as soon as possible.

    2.2.  Only persons of legal age and capacity may use the Platform and place orders.

    2.3.  These general terms and conditions shall apply to any offer made by the trader at a distance and to any distance contract concluded between the trader and the consumer.

    2.4. The consumer acknowledges having read these general terms and conditions before the distance contract is concluded. If this is not reasonably possible, the consumer may consult these general conditions at the trader's premises before the distance selling contract is concluded. At the consumer's request, they shall be sent to him as soon as possible.

• Article 3.  Prices and payment

    3.1.  Unless otherwise stated, the prices indicated on the Platform are inclusive of all taxes, excluding transport, delivery and postage costs.

    3.2.  Prices in foreign currencies are given as an indication. The price in euro is the authoritative one. The price in foreign currencies may vary according to the conversion rate applied by the financial institutions on the day of the order. No claim will be accepted due to this variation. All costs related to the transaction in a foreign currency shall be borne by the Customer.

    3.3.  The Circuit de Spa-Francorchamps reserves the right to modify its prices at any time. The Products will be invoiced on the basis of the prices in force at the time the order is placed. Any dispute relating to the price must be formulated in writing and addressed to the registered office of the Circuit de Spa-Francorchamps, within 7 (seven) days of the payment and/or issue of the invoice. Unless otherwise stipulated, the invoice will be sent to the Client by e-mail.

    3.4.  Promotional codes and other discounts are only valid during the advertised period and subject to compliance with the conditions laid down. They cannot be combined.

    3.5.  For all orders, cash payment is required and any late payment will imply, by right and without formal notice, the payment of interest at the legal rate, as from the due date of the invoice. Notwithstanding article 1583 of the Civil Code, the Products remain the exclusive property of the Circuit de Spa-Francorchamps until full payment of its invoices.

    3.6.  Payments can only be made using the payment tools provided on the Platform and subject to the terms and conditions of use of these tools. Please note that your credit card will be charged immediately at the time of the transaction.

• Article 4.  Order and stock

    4.1.  To place an order via the Platform, it is necessary to provide various information (including billing and delivery address, telephone number, etc.). Each Customer is solely responsible for the information provided and its accuracy. It is also possible to create a customer account. Each Customer must ensure that his or her account is protected against fraudulent use. This protection implies in particular a sufficiently elaborate and strictly confidential password. The Customer must inform the Circuit de Spa-Francorchamps as soon as possible of any fraudulent use of his account.

    4.2.  Before processing an order, the Circuit de Spa-Francorchamps reserves the right to check the Customer's data and to request additional information. The Circuit de Spa Francorchamps reserves the right to refuse any order, at its sole discretion and in particular for reasons of security (hacked account), fraud (minor customer), error (unknown address), commercial transaction (professional customer, purchase for resale, etc.), etc. If the Customer has placed an order in fraud of the provisions of the General Conditions, the Circuit de Spa-Francorchamps reserves the right to claim damages.

    4.3.  The Products are offered within the limits of available stocks. In the event of promotions on certain Products, within the limits of its resources and forecasts, the Circuit de Spa-Francorchamps will ensure that it has sufficient stocks to meet the demand.

    4.4.  In case of refusal or impossibility to execute the order, the Customer will be informed within 7 (seven) days of the order and the sums already paid will be reimbursed as soon as possible and, at the latest, within 14 (fourteen) days of the refusal of the order.

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• Article 5.  Livraison

      5.1. Le lieu de livraison est réputé être l'adresse que le consommateur a communiquée au commerçant. Tous les frais douaniers et taxes diverses qui en découlent restent à la charge du consommateur. Si les données fournies par le Client au Circuit de Spa-Francorchamps sont incomplètes et/ou inexactes, le Circuit de Spa-Francorchamps ne pourra être tenu responsable de l’impossibilité de livrer le Produit. Pour les livraisons ayant lieu ailleurs qu’à un domicile privé (immeuble de bureaux, hôtel, etc.), la livraison n’est garantie que jusqu’à la réception / le hall d’accueil. 

      5.2. The delivery of the Product is carried out by the Circuit de Spa-Francorchamps (or a third party designated by it), according to the means of transport of its choice, in the delivery zones that it accepts (outside these zones, the Customer is invited to contact the Circuit de Spa-Francorchamps in order to determine whether and at what cost and under what conditions a delivery can be envisaged), at the address given by the Customer.

      5.3. The transport and delivery are carried out at the risk of the purchaser, as soon as the product is handed over to the carrier, and at the entire discharge of the Circuit de Spa-Francorchamps. Unless expressly agreed otherwise, the risk of damage and/or disappearance of the products is borne by the Customer.

      5.4. If, for any reason (absence, incorrect address, etc.), the Customer has not taken delivery of the Product and it is returned to the Circuit de Spa-Francorchamps, the cost of a new delivery will be charged to the Customer.

      5.5. The company will execute accepted orders promptly and at the latest within 30 days unless a longer delivery period has been agreed.

      5.6. For the remainder, reference is made to the carrier's general conditions of sale:

BPOST : https://www.bpost.be/sites/default/files/2022-04/GTC_Paquets_client_contractuel_Juin2022.pdf

Mondial Relay : https://www.mondialrelay.be/fr-be/envoi-de-colis/conditions-g%C3%A9n%C3%A9rales-de-vente/

DPD : https://www.dpd.com/be/fr/gtc/

• Article 6.  Right of withdrawal (only applicable to consumers)

    6.1.  After the purchase of products, the Customer has a period of 14 (fourteen) days to withdraw from the contract, without having to justify his decision and without incurring any costs other than those necessary to return the Product to the registered office of the Circuit de Spa-Francorchamps (return costs).

The 14 (fourteen) day period starts to run from the date of delivery of the Product.

    6.2.  To exercise his right of withdrawal, the Customer must inform Circuit de Spa-Francorchamps of his decision in writing before the expiry of the 14 (fourteen) day period, via the following address: shop@spa-francorchamps.be

    6.3.  The Client exercising his right of withdrawal must return the Product to the Circuit de Spa-Francorchamps, at the latest 14 (fourteen) days following the communication of his decision to withdraw from the contract. The Customer shall bear the direct costs incurred by the return of the Product, as well as the risks linked to this return.

    6.4.  Without prejudice to the Customer's right to carry out the necessary manipulations to enable him to establish the nature of the Product, its characteristics and its proper functioning, the Products must be returned to Le Circuit de Spa-Francorchamps in their original packaging and with their original labels. The customer's responsibility may be engaged by Le Circuit if the customer uses the Product in a way that goes beyond the use necessary to establish the nature, the characteristics or the good functioning of the Product. 

    6.5.  The merchant reserves the right to retain a minimum of 20% of the price for repair and packaging costs if the product is not returned in its original condition with its packaging.

    6.6.  The reimbursement of the order will take place within 14 (fourteen) days following the day when the Circuit de Spa-Francorchamps is informed of the Customer's decision to withdraw from the contract exercised in accordance with the present article, using the same means of payment as the one used for the initial transaction, and provided that the Circuit de Spa-Francorchamps has recovered the Product. The amount refunded will in any case be limited to the amounts actually paid by the Customer. The Circuit de Spa-Francorchamps does not reimburse additional costs linked to the choice of a delivery method other than the less expensive standard delivery method it offers.

In the case of personalised Products, the Customer may not exercise the right of withdrawal provided for in the General Terms and Conditions, in accordance with Article VI.53, 3° of the Code of Economic Law. The Customer may not return the Product, nor request a refund or compensation of any kind.

• Article 7.  Warranty & Claim

The Products are guaranteed against apparent defects and lack of conformity, subject to compliance with the point on complaints below.

In accordance with the legal provisions, new goods are guaranteed against any defect of conformity for a period of 2 (two) years, starting from the date of delivery of the Product by the Circuit de Spa-Francorchamps to the Client. If the defect appears within the first six months after delivery, it is presumed to have existed since delivery unless the Circuit proves the contrary. If the lack of conformity appears after a period of 6 (six) months from the delivery of the Product, the proof of the existence of the defect at the time of delivery must be proven by the Customer. A Product is in conformity if it meets the requirements of Article 1649 ter of the Civil Code. No claim will be accepted after the expiry of the time limits mentioned in article 6 of these general conditions.

In the event of a lack of conformity, the Customer shall have the right, at his option, unless this is impossible or disproportionate, to require the Circuit de Spa-Francorchamps to repair the Product or to replace it, all within a reasonable period of time and without any cost or major inconvenience for the Customer. If the Customer is not entitled to the repair or replacement of the Product, or if the Circuit de Spa-Francorchamps has not carried out the repair or replacement within a reasonable period of time or without major inconvenience to the Customer, the latter shall have the right to demand from the Circuit de Spa-Francorchamps an adequate reduction of the price or, in the event of a serious defect, the cancellation of the contract. Account shall be taken of the worsening of the damage resulting from the use of the Product by the Client after the moment when he noticed the lack of conformity (or should have noticed it).

This clause does not preclude the guarantee for hidden defects in the item sold, as provided for in Articles 1641 to 1649 of the Civil Code and in the specific provisions of the General Terms and Conditions, or the legal obligation to deliver goods in conformity with the contract (1649bis to 1649octies of the Civil Code).

The Circuit de Spa-Francorchamps is not liable for any damage caused by the use of the Product, whether the damage is caused to the Customer, to his property or to third parties, even during the warranty period.

The warranty does not apply to Products whose damage is caused intentionally or by negligence (breakage, humidity, inadequate temperature, oxidation, liquid infiltration, electrical surge, fire, or any other case of force majeure) and to Products showing traces of opening (or of repairs and/or modifications carried out by a third party not approved by the Circuit de Spa-Francorchamps); Likewise, this guarantee does not apply insofar as the damage results from wear and tear, transport, improper use, lack of maintenance and/or failure to comply with the instructions contained in a user manual.

No application of the warranty shall have the effect of extending its duration. When the warranty is invoked by the Customer in the event of a defect in the Product, the period already started shall resume at the time of replacement or completion of the repair of the Product.

Under penalty of forfeiture, the Product must be examined upon receipt to verify that it corresponds to the order made and any defects and/or errors must be reported within 14 days.

On pain of forfeiture, complaints must be made by the Customer as soon as possible and at the latest within 2 (two) months of the discovery of the defect and must be accompanied by a copy of the invoice and the delivery note and be duly documented and justified.

• Article 8.  Responsibility

The Products offered for sale on the Platform are accompanied by a description drawn up by the Circuit de Spa-Francorchamps and illustrated by photographs which have an illustrative value and are not contractual. The photographs are as accurate as possible but cannot ensure a perfect similarity with the Product, in particular with regard to colours and/or dimensions. The Circuit de Spa-Francorchamps cannot be held responsible for any errors that may appear in the texts and photos used in the description of the Products.

The Circuit de Spa-Francorchamps declines all responsibility in case of damage and/or direct or indirect prejudice (loss of profit, loss of exploitation, loss of chance, ...) which would result in particular from a problem of delivery (due to force majeure, restrictions imposed by the authorities, refusal of importation/exportation, etc.), a defect, a bad functioning or an (improper) use of the Products, except in case of fraud or gross negligence on its part or on the part of its agents and employees. ), a defect, a malfunction or an (improper) use of the Products, except in the case of fraud or gross negligence on the part of the Buyer or its employees and agents.

The Circuit de Spa-Francorchamps declines all responsibility in case of incomplete delivery data and/or refusal to take delivery of the Product.

With regard to the Platform, the Customer uses it at his own risk. The Circuit de Spa-Francorchamps provides the Platform as is, with all its imperfections and according to its availability. The Client acknowledges and accepts that computer and telecommunication systems are not free from defects and that it is possible to suffer interruptions in services. The Customer remains solely responsible for the information he/she transmits via the Platform and for the consequences to be reserved. The Circuit de Spa-Francorchamps assumes no responsibility for the information provided by the Customer when creating an account and/or any other information encoded via the Platform by the Customer. The Circuit de Spa-Francorchamps takes adequate measures to avoid the loss and/or disclosure to third parties of information communicated by the Customer via the Platform. The Circuit de Spa-Francorchamps cannot guarantee that the transmission of data via the Website or other telecommunication systems is not monitored, recorded or distorted by third parties. The Circuit de Spa-Francorchamps also accepts no responsibility for the content of third-party sites to which it establishes a hypertext link, in particular with regard to the protection of privacy.

The rules relating to the protection of consumers are applicable within the framework of relations between the Circuit de Spa-Francorchamps and a consumer. The responsibility of the Circuit de Spa-Francorchamps cannot be extended beyond the mandatory legal provisions provided for in the law (Book VI. Market practices and consumer protection of the Code of Economic Law).

In any case, the liability of the Circuit de Spa-Francorchamps remains in all cases limited to the sums paid for the order which generated the appeal to the liability of the Circuit de Spa-Francorchamps.

• Article 9.  Force majeure

The Circuit de Spa-Francorchamps cannot be held responsible for the non-execution of orders and/or deliveries in the event of force majeure such as, in particular, disruption or total or partial strike, blocking of road access and means of transport and/or communications, flooding, fire, accident, pandemic, etc

• Article 10.  Personal data

The information provided by the Customer is only used by the Circuit de Spa-Francorchamps to process his order.

The person responsible for the processing of personal data is the Circuit de Spa-Francorchamps, except for the financial data that the Customer provides in the context of the online payment which are only exchanged between the Customer, the external partner and the financial institution concerned. The Circuit de Spa-Francorchamps does not have access to the Customer's payment data.

The Circuit processes personal data in accordance with the applicable legislation on the subject, including the Belgian law of 30 July 2018 on the protection of individuals with regard to the processing of personal data and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data. In addition, full information on the processing of personal data can be found at the following page: ....." and add the url where the customer data protection policy is published.

Full information on the processing of personal data can be found on the following page: ...

• Article 11.  Miscellaneous

The invalidity of any provision of the General Terms and Conditions shall not affect the validity of the other provisions of the General Terms and Conditions and shall not invalidate such provisions.

The Circuit de Spa-Francorchamps retains the possibility of modifying the General Conditions at any time, subject to informing the Customer. The Customer will be informed by e-mail, via a notification on the Platform or via any other means set up. The Customer will be asked to agree to the new terms and conditions. If the Customer does not agree, the Customer will no longer be able to place an order via the Platform. The new terms and conditions will be applicable to all new orders. The Customer is advised to print and/or save a copy of the applicable General Terms and Conditions when placing an order.

The Circuit de Spa-Francorchamps may assign, transfer or otherwise dispose of its rights and obligations, in whole or in part, at any time and without notice. This assignment may not be prejudicial to the Customers.

The entire content of the Platform (including texts, photographs, etc.) is protected by copyright, trademark law and other intellectual property rights. These elements are the property of the Circuit de Spa-Francorchamps or of other third parties with whom the Circuit de Spa-Francorchamps has concluded agreements. Therefore, any copy, publication, reproduction or any other exploitation, counterfeiting in any form whatsoever, is forbidden without the prior written authorisation of the Circuit de Spa-Francorchamps. Any infringement may result in civil and/or criminal proceedings.

• Article 12.  Applicable law and jurisdiction

The relationship between the parties is governed by Belgian law. In the event of a dispute, the parties undertake to bring the dispute before the Mediation Service for Consumers. If the dispute remains after the mediation attempt, only the Courts and Tribunals of the registered office of the Circuit de Spa-Francorchamps shall be competent. The language of the proceedings shall be French.

GENERAL CONDITIONS FOR INTERNATIONAL SALES OUTSIDE THE EU

"For international sales and in any case outside the European Union, the general terms and conditions shall apply, except for the following special provisions and subject to any mandatory legislation that may apply:

-      Transport and delivery are carried out at the buyer's risk, as soon as the product is handed over to the carrier, at the entire discharge of Circuit de Spa Francorchamps.

-      The product must be examined immediately upon receipt and complaints must be made within 48 hours of receipt of the product, failing which they will be forfeited. Any subsequent claim must be made within 48 hours of the problem occurring, on pain of forfeiture.

- The customer does not have a right of withdrawal and if the Circuit de Spa Francorchamps accepts a return (at its sole discretion), the return costs are at the buyer's expense.

- The products are guaranteed for 6 months. In the event of a defect, the purchaser must return the goods, at his own expense, to the Spa Francorchamps circuit which will
decide, at its own discretion, whether to replace, repair or refund the product. If the product is not affected by any defect, in order to recover it, the buyer will have to pay the
delivery costs again. Otherwise, the Circuit de Spa-Francorchamps is not obliged to send the product back to the buyer, nor to reimburse him.