Terms and conditions of use
MILEAGE-CHALLENGE.COM by JQ COMMUNICATION – GENERAL TERMS AND CONDITIONS OF SALE
Article 1. Introduction
These General Terms and Conditions of Sale govern all the rights and obligations of the buyer and of the seller for all orders placed remotely via the Internet site www.mileage-challenge.com. By checking the box "I agree with the terms of service and I adhere to them unconditionally." in the section "Shipping" when placing your order on the MILEAGE CHALLENGE Internet site, the customer declares to have read and accepted these applicable terms and conditions which are in force when the order is validated.
Article 2. Purpose & Products
These General Terms and Conditions of Sale govern the rights and obligations of the Parties resulting from the sale of Products offered on the Site. The products purchased via the Site www.mileage-challenge.com are sold through the company JQ Communication ( 3 rue de l'Auvergne - 42440 NOIRETABLE - RCS St Etienne N° 511 249 302), which offers them, to non-trader individuals who participate to competitions purposes which exclude any professional or commercial activity (hereinafter referred to as Customers).
The validation of these General Terms and Conditions of Sale, the order summary sent to the Customer by email and the Customer's payment constitute proof of the conclusion of a contract between JQ Communication and the Customer, which will be governed by these Terms and Conditions. The Customer may purchase any Product presented as available and at the price indicated on the Site on the day he places his order.
The offers of Products are limited to Customers participating to the Eco racing competitions in the coming year. The Product descriptions summarise their aesthetic and technical characteristics. The photos of Products placed online on the Site are as faithful as possible to reality. However, the Customer understands and accepts that certain Products are created or made using processes which do not enable to obtain Products which are all exactly identical but which gives each one their own identity and look, which may vary significantly from one product to another and differ slightly from the photos placed online on the Site.
Article 3. Orders
3.1 - Registration In order to place an order on the MILEAGE CHALLENGE Site, each Customer must sign in. To be able to sign in, each autorised customer will receive a login and a password from the email firstname.lastname@example.org. Once the customer can sign in, he has to provide the necessary information, which will be protected in compliance with Article 8 below. The accuracy of the personal data provided by the Customer falls within his exclusive responsibility; in no event will JQ Communication check the reality of this information and may not in any case by held responsible if certain incorrect information hinders the proper execution of an Order or a delivery. The Customer is free to change his login and password which will be specific to him to identify himself on the Site. He is solely responsible for keeping these elements confidential. It is forbidden to use his own account for the benefit of a non-participating team, which would not comply with Article 2. During the opening period of the MILEAGE CHALLENGE, the Customer can use his identifiers to access his account at any time (outside of temporary periods of maintenance of the Site), place an Order, follow his Orders or manage his personal information. The Customer will be bound by all Orders placed on the Site in his personal account (subject to the exercise of his right of withdrawal as provided in Article 7 below).
3.2 Placing the order
The Customer may place orders on the mileage-challenge.com Site when he has entered his identifiers. He may add all Products identified as available to his shopping basket using the corresponding button, which will be indicated on the Site. The shopping basket remains available and can be modified until the definitive validation of his purchase order by the Customer (hereinafter the "Order"). Once the content of his shopping basket is validated, the Customer can confirm his Order by completing the following steps:
- Confirm the Products and the quantities selected;
- Complete all the information requested by the Site;
- Accept without reservation the General Terms and Conditions of Sale, by clicking on the button indicated;
- Validate the payment, by clicking on the button indicated.
The validation of the Order by the Customer's "double click" constitutes acceptance of the prices and characteristics of the Products purchased on the Site, as well as of these Terms and Conditions. The Customer is entirely responsible for the accuracy of the identification and delivery information he provides by placing an Order on the Site. In the event of an error which may give rise to a delay in delivery, JQ Communication may not be held liable and any additional costs shall be borne by the Customer, in compliance with Article 5 below.
3.3 Confirmation of the order
Following the payment, a payment confirmation email is sent to the Customer, to the email address indicated on the transmission of his contact details. The Order confirmation is recorded in the registers of MILEAGE CHALLENGE backoffice. The Customer accepts that the Order confirmation is considered as proof of the contractual relations concluded with JQ Communication on its Site. The Order will be considered as definitive and the contract between JQ Communication and the Customer concluded only on receipt by JQ Communication of payment of the price by the Customer. In compliance with Article L122-1 of the Consumer Code, JQ Communication reserves the right not to validate the Order on legitimate grounds and in particular in the event of:
• Abnormal or abusive claims from the Customer during his previous Orders;
• Abnormal or abusive exchanges and returns from the Customer during his previous Orders;
• Existing dispute(s) with the Customer.
3.4 Availability of Products
In the event of the unavailability of a Product after validation of the Order and payment, the Customer may, at his request:
• Either be delivered the Products which are available and reimbursed the amount, including taxes, of the unavailable Products in his order.
• Or cancel the entire Order and be reimbursed its amount, including taxes, including delivery costs. • Or request the delivery of a Product of an equivalent quality and price, within the limit of available stocks. The reimbursement will be made within thirty (30) days of the confirmation of the choice of the mode of compensation of the Customer.
Article 4. Price and Payment
4.1 Calculation of the total price of the Order
The Product prices are indicated on the Site in Euros, excluding taxes and delivery costs. The Value Added Tax is added at the end of the ordering process according to the Customers country of origin. For French Customers and European Customers without valid VAT number, the VAT ratio is the one in force on the territory of metropolitan French on the day of the Order.
For European Customers with a valid VAT number and non European Customers, the final price is without VAT. To be valid, the VAT number must be filled in the Customer Adress specific field and accepted by our VIES online checking system. if the customer forget to mention correctly its VAT number and pay his order including the VAT, JQ Communication will not reimburse the VAT back even if the Customer can prove he has a valid VAT number afterwards. The prices applied are those shown on the Site on the confirmation of the Order by the Customer. The Customer can choose the "delivery on site" and collect his order for free at the next competition event at the eshop desk during its opening hours.
For deliveries at home in the European Union , the preparation and delivery costs are communicated to the Customer when he places his order and adjusted according to the place and address of delivery requested. These costs are borne by the Customer and are invoiced in addition to the sale price of the Products. The price of the Products and the preparation and delivery costs are to be paid in full by the Customer when the Order is placed. For deliveries at home out of Europe, the Customer is directed to a transport company and is responsible to liaise with them to organise the shipment of the order. JQ communication will prepare the order and communicate on transporter's demand all the details of the parcel to help orginizing the shipment. The customer will have to pay for the transport directly to the transport company.
4.2 Terms of payment of the Order
The Customer pays his order by bank card (Carte Bleue, Visa) in compliance with the provisions of this article. All payments by bank card are made via a secure platform accessible from the MILEAGE CHALLENGE Site. The Customer warrants that he is the holder or authorised to use the payment card used when paying the Order. The payment order made by bank card may not be cancelled. The Customer's bank account will be debited following a period of one (1) business day following the date of confirmation of the Order. The payment will be considered effective after the bank's agreement to debit the Customer's bank account. They payment of the Order by the Customer is irrevocable, without prejudice to the Customer's right to exercise his right of withdrawal. In the event of the fraudulent use of his bank card with MILEAGE CHALLENGE site, the Customer is invited to contact email@example.com. The ownership of the Products is only transferred to the Customer after full payment of the price by the latter.
The Customer is allowed to pay his order via bank transfer. The payment will be considered effective after JQ Communication bank's confirmation.
French Customers are allowed to pay by cheque. The payment will be considered effective after JQ Communication deposit and the bank confirmation of the validity of the payment.
During competition events, the Customers is allowed to pay by cash directly at the eshop desk.
Article 5. Delivery of the order
The Products will be delivered to the Customer after validation of the payment of the Order, whatever the method. The Customer will be informed of the shipment of the Products by email. In the event where the Order includes Products whose availability dates differ from the time when the Order was placed, it will be shipped when all the Products are available, in a single dispatch.
5.1 Delivery method
The delivery of Products is carried out for all the countries of the European Union, excluding the overseas departments and territories (DOM-TOM), by the Post Office services, by Colissimo with tracking. For delivery on site and delivery at home out of European Union, please see Art. 4.1. The products are delivered to the address indicated by the Customer when he places his Order on the Site. The Customer must check the completeness and the compliance of the information he provides. JQ Communication may not be held responsible for any data entry errors or missing information and consequences in terms of delays or delivery errors. In this event or in the event a delivery person is unable to deliver, all the costs incurred for reshipping the order are entirely borne by the Customer. JQ Communication may not be held responsible for delays in delivery due to errors or disturbances attributable to carriers (example: total or partial strike, in particular of postal services and means of transport and/or communications). In case of delays, damage, total or partial losses of Products and/or of the Order, it is the responsibility of the Customer to exercise any remedy directly with the carrier in order that the latter assumes the responsibilities incumbent on it, and to inform JQ Communication at the same time. JQ Communication may not remedy any defaults in execution of the carrier which it does not want to assume, but may possibly, on a case-by-case basis, offer the Customer compensation if his claim is refused by the carrier.
5.2 Delivery periods
The delivery period for Products will be indicated to the Customer when he places his Order and prior to confirmation of the Order and payment by the Customer. For European Union deliveries, JQ Communciation will make its best effort to ensure that the Order is delivered in a period of between five(5) and fifteen (15) business days as of receipt of the Customer's payment. In any event, all Products purchased on the Site will be delivered to the address indicated by the Customer when he places his Order within a maximum period of thirty (30) business days as of the day following receipt of payment of the Order. In compliance with Article L114-1 of the Consumer Code, and in the conditions set forth therein, the Customer may cancel the sale in the event of a delay in delivery which exceeds 7 (seven) days and which is not due to a force majeure event. However, the delivery may not be guaranteed in the case of a force majeure event as defined within the meaning of the case law of the French courts.
5.3 Receipt of the Order and reservations on delivery
A delivery is considered made when the Product is made available at the place of delivery agreed with the Customer when he placed his Order and, where applicable, with the carrier. The provision of the Product is validated by the control and traceability system used by the carrier. According to the method of delivery chosen, the dated delivery slip will be simply handed over by the carrier with the package(s) of the Order made available to the Customer at the place of delivery (for example: in his letter box) or will be dated and signed by the Customer if he is present on the delivery of the Order. In any event, the delivery slip handed over by the carrier will constitute proof in respect of transport and delivery.
The transfer of risks of loss and damage of the Products will take place after the delivery and receipt of the Products by the Customer. On the delivery of the Order, the Customer must verify the content and the condition of the Product(s). In this respect, upon delivery, JQ Communication advises the customer to check the condition of the Products delivered before signing the acknowledgement of receipt of the package. If he finds any anomalies, he must refuse the delivery of the Products or issue precise, dated and handwritten reservations. In the event where the carrier refuses to allow the Customer to do so, the latter must notify the impossibility to indicate the condition of the Products in handwriting, signing and dating the delivery slip, then proceed with all the necessary reservations with the carrier. These reservations must be confirmed to the latter by registered letter with acknowledgement of receipt within three (3) business days following the delivery of the products. A copy must be addressed to JQ Communicaiton by email to the following address: firstname.lastname@example.org The Customer will contact the carrier to obtain reimbursement of the damaged Products. JQ Communication may not compensate the Customer instead of and in place of the carrier, but may possibly offer it compensation, in compliance with Article 5.1 above. The compliance of the Products (and the corresponding warranty, if applicable) will be verified in compliance with Article 6 below.
5.4 Withdrawal of the Products in the event of the absence of the Customer
In the event of the absence of the recipient on delivery, the carrier will leave notice of passage at the delivery address indicated by the Customer. The Products must be collected at the address and according to the modalities indicated by the carrier. In the event of non-collection within the deadlines provided by the carrier, the Products will be returned to JQ Communication who reserves the right to cancel the Order and to reimburse its price to the Customer, with the return transport costs remaining at the Customer's charge.
Article 6. Warranties: compliance of products and hidden defects
MILEAGE CHALLENGE Site informs the Customer of all the aesthetic and technical characteristics of the Products offered for sale, in compliance with the information communicated by the makers of the MILEAGE CHALLENGE Products. Prior to each shipment of an Order, JQ Communication checks the Products to be delivered to the Customer in order to ensure that they comply with the Order actually placed by the Customer. Without prejudice to the reservations it may have made with the carrier as to the condition or the quantity of Products upon the delivery of his Order, the Customer benefits from the legal compliance warranties for the periods and in the conditions described in Articles L211-1 et seq. of the Consumer Code, subject to a normal use of the Products in compliance with their intended purpose. He also benefits from the warranty for hidden defects in the conditions and for the periods provided in Article 1641 et seq. of the Civil Code. If the Customer was to find any lack of conformity or a hidden defect in the Products, he must immediately inform JQ Communication by registered letter or by email to the addresses which appear in the Preamble of these Terms and Conditions. The Customer then undertakes to return the Product at his cost within seven (7) days following notification of the lack of conformity or hidden defect by Colissimo with tracking, accompanied by the delivery slip, to JQ Communication, MILEAGE CHALLENGE, 3 rue de l'Auvergne, 42440 NOIRETABLE, France in its original packaging and in full. When the non-conformity or hidden defect has been observed by JQ Communication, in compliance with Articles L211-9 and L211-10 of the Consumer Code and 1644 of the Civil Code, the Customer may choose the reparation he wishes to obtain from JQ Communication (repair of the Product, replacement or reimbursement of the price), unless this desire gives rise to a clearly disproportionate cost, taking into account the value of the Product or the significance of the defect, at no additional cost for the Customer.
Article 7. Right of withdrawal
In compliance with Article L120-20 et seq. of the Consumer Code, the Customer has a period of withdrawal of thirty (30) days as of the date of receipt of his Order, to return the ordered Products without having to provide reasons or to pay penalties, with the exception, as the case may be, of return costs. Notwithstanding any contrary stipulation and in compliance with Article L120-20-2 of the Consumer Code, the right of withdrawal will not be accepted for Products which are made specifically or customised for the Customer.
For any return within the framework of the right of withdrawal, the below procedure must be entirely followed:
• The Customer must first inform JQ Communication by e-mail (email@example.com).
• The Customer must attach the return slip previously requested from JQ Communication by email (firstname.lastname@example.org) to his package. Without this slip, the return will not be admitted.
• The Products must be sent in their original packaging, with any labels and accessories, in perfect condition for resale. They must not have been used, or damaged.
• The Products should be returned by Colissimo with tracking to the following address: JQ Communication Eshop 3 Rue de l'Auvergne 42440 NOIRETABLE France
• All returns must be made against request for signature otherwise the loss of Products during transport will not be taken into account.
• The return costs will be borne exclusively by the Customer.
If the above conditions are fulfilled, JQ Communication will reimburse the amount, including VAT, of the Products returned (including delivery costs for European Union) to the Customer, in the same way as the Order was paid. In the case of payment by bank card on the Site, the Customer's bank account will be credited by such amount. In any event, the reimbursement will be made no later than within thirty (30) days as of receipt of the Products returned by JQ Communication.
In the event of a breach of the conditions set forth hereabove, JQ Communication may refuse the return of the Customer and not proceed with a reimbursement. If the Customer requests in this case a reshipment of the products ordered, JQ Communication reserves the right to request the Customer to pay the costs for reshipping these goods. This amount corresponds to the one indicated on the Customer's invoice.
Article 8 – Personal Data
In order to process Orders, JQ Communication collects certain personal information and data concerning the Customer. JQ Communication has taken all the necessary precautions to ensure the security of its files to prevent in particular that the Personal Information of Customers is distorted, damaged or that an unauthorised third party can access it.
This data is intended for internal use:
• for any action relating to the Customer's order
• to communicate and personally inform the Customer according to his preferences
This data will also be transmitted to third parties and partner companies of JQ Communication, in particular to
• ensure the delivery of orders by its service providers and the after-sales service
• to communicate all activity statistics of the Site JQ Communication may transmit the Customer's Personal Information to third parties in the event of sale, transfer or assets, reorganisation or liquidation.
In compliance with the "Information and Freedom" Law of January 6, 1978 as currently in force, the Customer has a right to access, rectify, modify and delete his personal data. The Site is declared with the French data protection authority (Commission Nationale de l’Informatique et des Libertés "CNIL") under n° 1542181 v 0. The Customer may exercise this right by sending a letter to the following address or by email, indicating his surname, first name, email and postal address: JQ Communication Eshop 3 Rue de l'Auvergne 42440 NOIRETABLE France Email : email@example.com
Furthermore, for the sake of better service, the Site collects certain information relating to the connection of each user on the Site or Customer on the Site, in the form of cookies (for example, storage of credentials or of Products previously added to the shopping basket). Each user or Customer may, at any time, delete any trace of his visit to the Site by deleting all the cookies in his browser which the Site may have collected.
Article 9: suspension or termination of the customer account
The Customer may at any time suspend or terminate his subscription to the Site, by sending a request to the Customer Service of MILEAGE CHALLENGE via his account on the Site or by email at firstname.lastname@example.org
Furthermore, JQ Communication reserves the right to suspend or close the Customer's account in the event of payment incidents or defaults.
Article 10: Intellectual Property
JQ Communication is the sole holder of the "MILEAGE CHALLENGE" trademark along with all the figurative elements present on the Site. JQ Communication is also the holder of the intellectual property rights on the Site and of the right to disseminate the Products which appear in the e-shop's catalogue and in particular the photographs for which it has obtained the necessary authorisations from the persons and authors concerned. Consequently, the partial or total reproduction, on any medium whatsoever, of the component elements of the Site, of the MILEAGE CHALLENGE trademark or of the catalogue, their use and their provision to third parties is formally prohibited.
Article 11: PROOF
The Customer is informed that the computer records, kept in JQ Communication's IT systems in reasonable conditions of security, will be considered as proof of communication of orders and of the payments made between the parties. The information delivered by the Internet Site will be taken as authentic between the parties. The filing of purchase orders and invoices is carried out on a reliable and sustainable support which may be presented as evidence, the probative value of which is the same as that granted to an original signed copy on paper.
Article 12: FORCE MAJEURE
The performance of the obligations of JQ Communication may be suspended in the case of a Force Majeure event, as defined by the case law of the French Courts, which may prevent such performance. JQ communication will inform the Customer of the occurrence of a force majeure event within seven (7) days of its occurrence. In the event where this suspension continues after a period of 30 (thirty) days, the Customer will have the possibility to terminate the Order in progress affected by the Force Majeure, and will then be reimbursed the price of the Products ordered and for the delivery costs paid.
Article 13: Entire Agreement
These General Terms and Conditions of Sale express the entire obligations of JQ Communication and of the Customer. No other general or special condition communicated by the Customer may be included or derogate from these General Terms and Conditions.
Article 14: Non-waiver
The fact that JQ Communication does not invoke a breach by the Customer of any one of its obligations may not be interpreted as a waiver of the obligation in question, and to invoke this breach at a later date.
Article 15: Severability
If one of several stipulations of these General Terms and Conditions of Sale is held invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other stipulations will remain in full force and effect.
Article 16: Dispute
These General Terms and Conditions of Sale are subject to French law, both for rules of substance and of form. In the absence of an amicable agreement between JQ Communication and the Customer, the dispute will be brought before the competent courts.
Article 8 to 10 (Personal data / termination of the customer account / Intellectual Property) of these General Terms and Conditions of Sale also apply as Conditions of Use of the Site in the relationship of JQ Communication with any user of the Site who has not placed an Order.