General Terms and Conditions of Sale
E-Commerce of the Circuit de Spa-Francorchamps
- Article 1. Presentations - definitions
For the application of these general terms and conditions of sale, the following are considered as :
- 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;
- 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) ;
- General Conditions : these general conditions of sale ;
- Platform : the Spa-Francorchamps Circuit Webshop where the Products are sold;
- Products : the goods sold by the Circuit de Spa-Francorchamps;
- Cooling-off period : the period during which the consumer can make use of his right of withdrawal;
- Right of withdrawal : the possibility for the consumer to withdraw from the distance contract during the cooling-off period.
- 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.
- 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.
Article 1. Introduction – definitions
For the application of these general sales conditions, the following definitions apply:
- Customer: any adult who buys a Product on the Platform for purposes which fall outside their professional activity (that is, as a consumer). Any purchase for professional purposes, notably with a view to reselling the Products, is prohibited.
- Le Circuit de Spa-Francorchamps: the public limited company Le Circuit de Spa-Francorchamps, which has its registered office at Route du Circuit, 55, 4970 Stavelot and is registered in the BCE under number 0833.629.678 (Tel. +32.87.29.37.00; Email info@spa-francorchamps.be).
- General Conditions: these general sales conditions.
- Platform: the Circuit de Spa-Francorchamps web shop where the Products are sold.
- Products: the goods sold by Circuit de Spa-Francorchamps.
Article 2. Acceptance of the general conditions
Use of the Platform, as well as any order sent to Circuit de Spa-Francorchamps, necessarily implies, as an essential and decisive condition, the unlimited acceptance of the General Sales Conditions by the Customer, which are exclusively applicable, to the exclusion of any other conditions, unless expressly stipulated otherwise. Only legally capable adults may use the Platform and place an order.
Article 3. Prices and payment
Unless specified otherwise, the prices indicated on the Platform include all applicable taxes, excluding transport, delivery or postage fees.
Prices in foreign currencies are purely indicative. The price in euros shall be valid. Prices in foreign currencies may vary based on the conversion rate applied by financial organisations on the day the order is placed. No claim shall be accepted based on this variation. All costs related to the transaction in a foreign currency shall be borne by the Customer.
Le Circuit de Spa-Francorchamps reserves the right to change its prices at any time. The Products shall be billed based on the prices at the time the order is placed. Any dispute regarding the price must be made in writing and sent to the Le Circuit de Spa-Francorchamps registered office within 7 (seven) days of the payment and/or the issuing of the invoice. Unless specified otherwise, the invoice shall be sent to the Customer by email.
Promotional codes and other discounts are only valid for the period indicated and subject to compliance with the stated conditions. These discounts are not cumulative.
A cash payment is required for any order and any late payment shall incur, legally and without formal notice, the payment of interest at the legal rate, starting from the due date of the invoice. By way of derogation from Article 1583 of the Civil Code, the Products shall remain the exclusive property of Le Circuit de Spa-Francorchamps until the invoices have been paid in full.
Payments may only be made using the payment tools made available on the Platform and subject to compliance with the conditions for using these tools. Please note that your credit card will be charged immediately at the time of the transaction.
Article 4. Orders and stock
In order to place an order via the Platform, it is necessary to provide various details (including the billing and delivery address, a phone number, etc.). Each Customer is solely liable for the information provided and the accuracy thereof. It is also possible to create a customer account. Each Customer must protect their account against any fraudulent use. In particular, this protection shall involve a sufficiently complicated and strictly confidential password. The Customer must inform Le Circuit de Spa-Francorchamps of any fraudulent use of their account in a timely manner.
Before processing an order, Le Circuit de Spa-Francorchamps reserves the right to verify the Customer's details and to request additional information. Le Circuit de Spa-Francorchamps reserves the right to refuse any order, at its sole discretion and, in particular, due to issues with security (a compromised account), fraud (minor customer), error (unknown address), commercial transaction (business customer, purchase for resale purposes, etc.), and more. If the Customer has placed an order which breaches the General Conditions, Le Circuit de Spa-Francorchamps reserves the right to submit a claim for damages and interest.
Products are offered insofar as stocks are available. In the event of promotions on certain Products, Le Circuit de Spa-Francorchamps shall make sure it has sufficient stock to cope with the demand, within the limit of its resources and forecasts.
In the event of the order being refused or impossible to execute, the Customer shall be informed within 7 (seven) days of the order and any sums that have already been paid shall be refunded in a timely manner, within 14 (fourteen) days of the order being refused at the latest.
Article 5. Delivery
Le Circuit de Spa-Francorchamps delivers the goods by transferring physical possession or control to the consumer without unjustified delay.
Delivery of the Product is carried out by Le Circuit de Spa-Francorchamps (or a third party designated thereby), based on the transportation method of its choice, within the permitted delivery areas (outside of these areas, the Customer is invited to contact Le Circuit de Spa-Francorchamps to determine if delivery is possible and, if so, at what price and under what conditions), and to the address provided by the Customer.
The Customer bears sole liability for the delivery details provided and must provide all useful information. If the data provided by the Customer to Le Circuit de Spa-Francorchamps is incomplete and/or inaccurate, Le Circuit de Spa-Francorchamps cannot be held liable for its inability to deliver the Product. For deliveries that are not made to a private residence (office building, hotel, etc.), delivery is only guaranteed as far as the reception/lobby.
If, for any reason (absence, incorrect address, etc.), the Customer does not receive delivery of the Product and the Product is returned to Le Circuit de Spa-Francorchamps, the Customer shall be invoiced for the cost of a new delivery.
The Products are subject to Belgian legislation and export provisions. If, during shipment, customs fees or specific permits are required, the Customer shall bear the liability for this and must pay the fees and obtain the necessary permits, based on the nature of the Products, their destination or their use.
Article 6. Right of withdrawal (only applicable to consumers)
The Customer has 14 (fourteen) days to withdraw from the contract, without having to justify their decision and without incurring costs, other than those necessary to return the Product to the registered office of Le Circuit de Spa-Francorchamps (return costs).
The 14-day (fourteen) period begins from the date on which the Product is delivered.
In order to exercise their right of withdrawal, the Customer must inform Le Circuit de Spa-Francorchamps of their decision in writing, with acknowledgement of receipt, before the expiry of the 14-day (fourteen) period, using one of the following methods:
- use the template withdrawal form that appears in Annex 2 of Book VI. (“Market practices and consumer protection”) of the Code of Economic Law
- make an unambiguous statement indicating your decision to withdraw from the contract
The Customer exercising their right of withdrawal must return the Product to Le Circuit de Spa-Francorchamps no later than 14 (fourteen) days following communication of their decision to withdraw from the contract. The Customer shall bear the direct costs incurred by returning the Product, as well as any risks related to this return.
Without prejudice to the Customer performing the necessary actions to establish the nature of the Product, its characteristics and its correct operation, the Products must be returned to Le Circuit de Spa-Francorchamps in their packaging and with their original labels. The Customer’s liability may be engaged by Le Circuit de Spa-Francorchamps if the Customer uses the Product in a manner that exceeds what is necessary to establish the nature, characteristics or correct operation of the Product.
The refund of the order shall occur within 14 (fourteen) days of Le Circuit de Spa-Francorchamps being informed of the Customer’s decision to withdraw from the contract, which is exercised in accordance with this article, via the same payment method used for the initial transaction, provided that Le Circuit de Spa-Francorchamps has received the Product. In any case, the amount refunded shall be limited to the sums that have actually been paid by the Customer. Le Circuit de Spa-Francorchamps does not refund supplementary fees related to the choice of delivery method, except for the most inexpensive standard delivery option that it offers.
For customised Products, the Customer may not exercise the right of withdrawal established in the General Conditions, in accordance with Article VI.53.3 of the Code of Economic Law. The Customer may not return the Product, nor demand a refund or any damages for it.
Article 7. Warranty and Claims
The Products are guaranteed against visible defects and non-compliance, subject to compliance with the point regarding claims below.
In accordance with the legal provisions, new products are guaranteed against any non-compliance for a period of 2 (two) years, starting from the provision of the Product by Le Circuit de Spa-Francorchamps to the Customer. If the defect appears within six months of its delivery, it is presumed to have existed at the time of delivery, unless Le Circuit de Spa-Francorchamps proves otherwise. If the lack of compliance appears after a period of 6 (six) months from the delivery of the Product, the existence of the defect at the time of delivery must be proven by the Customer. A Product is compliant if it complies with Article 1649 b of the Civil Code. No claim shall be accepted after the expiry of the aforementioned periods in Article 6 of these General Conditions.
In the event of non-compliance, the Customer shall have the choice, unless this is impossible or disproportionate, to ask Le Circuit de Spa-Francorchamps to repair the Product or replace it, all within a reasonable period, and at no cost or significant inconvenience to the Customer. If the Customer does not have the right to the repair or replacement of the Product, or if Le Circuit de Spa-Francorchamps has not carried out the repair or replacement within a reasonable period, or with no significant inconvenience to the Customer, the Customer shall have the right to ask Le Circuit de Spa-Francorchamps for an appropriate discount or, in the event of a serious defect. the termination of the contract. Aggravation of the damage is considered to result from use of the Product by the Customer after the time when the non-compliance was observed (or would have been observed).
This clause does not affect the warranty for hidden defects in the item sold, as established in Articles 1641 to 1649 of the Civil Code and the specific provisions of the General Conditions, or the legal obligation to deliver a product that complies with the contract (1649 (a) to 1649 (g) of the Civil Code).
Le Circuit de Spa-Francorchamps’ liability is not engaged due to damage caused by use of the Product, whether the damage is caused to the Customer, his/her products or to third parties, even during the warranty period.
Excluded from the warranty are Products that are damaged voluntarily or due to negligence (breakage, smashing, humidity, inappropriate temperature, oxidation, liquid infiltration, electrical overload, fire, or any other instance of force majeure) and Products that show signs of opening (or repair and/or modifications performed by a third party that has not been approved by Le Circuit de Spa-Francorchamps); similarly, this warranty does not apply to damages resulting from wear and tear, transport, inappropriate use, lack of maintenance and/or non-compliance with the instructions contained in the user manual.
No application of the warranty may extend its duration. When the warranty is invoked by the Customer in the event of a defect in the Product, the period that has already started shall resume from the time of the replacement or the completion of the repair of the Product.
Under penalty of forfeiture, the Product must be examined as soon as it is received, in order to verify that it complies with the order placed and any defects and/or errors must be reported within 14 (fourteen) days.
Also under penalty of forfeiture, claims must be made by the Customer in a timely manner and within 2 (two) months from the date on which the defect was noticed. It must be accompanied by a copy of the invoice and the delivery note and be duly documented and justified.
Article 1. Liability
The Products offered for sale on the Platform are accompanied by a description written by Le Circuit de Spa-Francorchamps and illustrated by photos which are purely indicative and not contractual. The photos are as accurate as possible, but cannot guarantee a perfect likeness of the Product, particularly in terms of colours and/or dimensions. Le Circuit de Spa-Francorchamps may not be held liable for any errors that appear in the texts and photos used to describe the Products.
Le Circuit de Spa-Francorchamps waives any liability in the event of direct or indirect damage and/or loss (lost profits, lost business, lost opportunities, etc.) which may notably result from a delivery problem (due to force majeure, restrictions imposed by the authorities, import/export refusal, etc.), a defect, incorrect operation, or (improper) use of the Products, except in cases of wilful misconduct or gross negligence on its part or gross negligence on the part of its employees and agents.
Le Circuit de Spa-Francorchamps waives any liability in the event of incomplete delivery details and/or refusal to accept delivery of the Product.
The Customer uses the Platform at their own risk. Le Circuit de Spa-Francorchamps provides the Platform on an as-is basis, with all its imperfections and depending on its availabilities. The Customer recognises and accepts that the IT and telecommunications systems are not free from faults and that service interruptions may occur. The Customer bears sole liability for any information that it provides via the Platform and the consequences thereof. Le Circuit de Spa-Francorchamps assumes no liability for the information provided by the Customer when creating an account and/or for any other information provided by the Customer via the Platform. Le Circuit de Spa-Francorchamps takes appropriate measures to avoid loss and/or disclosure of the information provided by the Customer via the Platform to third parties. Le Circuit de Spa-Francorchamps cannot guarantee that the transmission of data via the website or other telecommunications systems is not monitored, recorded, or misrepresented by third parties. In addition, Le Circuit de Spa-Francorchamps incurs no liability in terms of the content of third-party sites that it hyperlinks to, particularly as it pertains to the protection of privacy.
Rules relating to consumer protection apply to relations between Le Circuit de Spa-Francorchamps and a consumer. Le Circuit de Spa-Francorchamps' liability may not be extended beyond the mandatory legal provisions established by law (Book VI. “Market practices and consumer protection” of the Code of Economic Law).
In any case, Le Circuit de Spa-Francorchamps' liability remains limited to the sums paid for the order which engaged Le Circuit de Spa-Francorchamps' liability.
Article 2. Force majeure
Le Circuit de Spa-Francorchamps may not be held liable for the failure to execute orders and/or delivery, in the event of force majeure, such as, notably, a disruption or total or partial strike, in the event of the blockage of roads and modes of transport and/or communications, flood, fire, accident, pandemic, etc.
Article 3. Personal data
The information provided by the Customer is only used by Le Circuit de Spa-Francorchamps to process their order.
The entity responsible for processing personal data is Le Circuit de Spa-Francorchamps, with the exception of the financial data provided by the Customer when making the online payment, which is only exchanged between the Customer, the external partner and the relevant financial establishment. Le Circuit de Spa-Francorchamps does not have access to the Customer’s payment details.
Le Circuit de Spa-Francorchamps processes personal data in accordance with the legal provisions in effect, including the Belgian Law of 30 July 2018 concerning protection for individuals as it pertains to the processing of personal data, as well as Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning protection for individuals as it pertains to the processing of personal data and the free circulation of said data. Furthermore, comprehensive information on the processing of personal data is available at: ….. and add the url where the customer data-protection policy can be found.
Comprehensive information on the processing of personal data is available at: …
Article 4. Miscellaneous
The invalidity of any provision of the General Conditions does not affect the validity of the other provisions of the General Conditions and does not invalidate said provisions.
Le Circuit de Spa-Francorchamps reserves the right to amend the General Conditions at any time and shall inform the Customer thereof. This information shall be provided to the Customer by email, via a notification on the Platform or via any other method in place. The Customer shall be invited to indicate their agreement with these new General Conditions. Failing agreement, the Customer shall no longer be able to place an order on the Platform. The new General Conditions shall apply to any new order. The Customer is advised to print and/or save a copy of the applicable General Conditions when they place an order.
Le Circuit de Spa-Francorchamps may surrender, transfer or otherwise dispose of its rights and obligations, in full or in part, at any time and without prior notice. This transfer may not prejudice the Customers.
The entirety of the content on the Platform (including texts, photos, etc.) is protected by copyright, trademark law and other intellectual-property rights. These elements are the property of Le Circuit de Spa-Francorchamps or other third parties with which Le Circuit de Spa-Francorchamps has concluded agreements. As a result, any copy, publication, reproduction or any other use, or forgery in any form, is prohibited without prior written authorisation from Le Circuit de Spa-Francorchamps. Any breach may lead to civil and/or criminal proceedings.
Article 5. Applicable law and competent courts
Relations between the parties are governed by Belgian law. In the event of a dispute, the parties agree to bring said dispute before the Consumer Mediation Service. If the dispute persists after the mediation attempt, the courts and tribunals of the registered office of Le Circuit de Spa-Francorchamps shall have sole jurisdiction . The language of the proceedings shall be French.
INTERNATIONAL GENERAL SALES CONDITIONS (EXCLUDING EU)
“For international sales and, in any case, sales outside the European Union, the General Conditions shall apply, with the exception of the following special provisions and subject to any imperative legislation that may apply:
- Transport and delivery are carried out at the risk of the buyer, from the time the product is handed to the carrier, with Le Circuit de Spa-Francorchamps being relieved entirely of liability.
- The product must be examined upon receipt and claims must be made within 48 hours of receiving the product, under penalty of forfeiture. Any subsequent claim must be made within 48 hours of the problem occurring, under penalty of forfeiture.
- If the customer does not have a right of withdrawal and Le Circuit de Spa-Francorchamps accepts a return (at its sole discretion), the return costs shall be borne by the buyer.
- Products are under warranty for 6 months. In the event of a defect, the buyer must return the product, at their own cost, to Le Circuit de Spa-Francorchamps, which shall decide, at its sole discretion, either to replace, repair or refund the product. If the product does not have a defect, the buyer must pay the delivery fees again in order to get said product back. Failing that, Le Circuit de Spa-Francorchamps is not required to return the product or to refund it. ”