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EspañolAXP Racing SARL
9 Allée des Cabanes
33470 Gujan-Mestras – France
SIREN: 429 582 307
Trade Register (RCS): Bordeaux
VAT number: FR83429582307
Share capital: €7,622
Legal representative / Managing Director: Aurélien Szulek
E-mail: contact@axpracing.com
Website: www.axp-racing.com
1. Purpose and scope
These General Terms and Conditions of Sale (the “Terms”) govern the sale of products marketed by AXP Racing SARL (“AXP Racing”) to any consumer or non-professional customer (the “Customer”), in particular through the website www.axp-racing.com, by e-mail, or by any other distance-selling method.
The Products offered include, in particular, protection parts, accessories and equipment intended for motorcycles, quads, SSVs and, more generally, the off-road / all-terrain world.
Any order implies full and unconditional acceptance of these Terms.
2. Products
The Products offered for sale are those described on the website, product pages, quotations, catalogues or commercial materials issued by AXP Racing.
Photographs, visuals, manuals, dimensions, weights, colours and descriptions are provided for information purposes only and do not have absolute contractual value.
Product offers are valid while stocks last.
3. Orders
An order becomes final once validated by the Customer and accepted by AXP Racing, in particular through order confirmation or shipment of the Products.
AXP Racing reserves the right to refuse or suspend any order for legitimate reasons, including:
- an existing dispute with the Customer;
- full or partial non-payment of a previous order;
- an obvious pricing or description error;
- Product unavailability.
4. Prices
Prices are stated in euros (€).
Unless otherwise stated, prices shown on the website for private customers are inclusive of all applicable taxes (TTC), excluding shipping costs.
Shipping costs, customs duties, import taxes or other charges relating to deliveries outside the European Union remain the responsibility of the Customer.
AXP Racing reserves the right to change its prices at any time. The applicable price is the one displayed at the time of the order.
5. Payment
Payment is made using the methods offered at the time of the order, including:
- credit/debit card;
- PayPal;
- bank transfer;
- or any other secure payment solution accepted by AXP Racing.
An order may be suspended or cancelled in the event of refusal of payment authorisation, non-payment or incomplete payment.
AXP Racing retains ownership of the Products until full payment of the price has been received.
6. Delivery
Products are shipped from the Czech Republic through the factory PD PRODUCTION SRO to France and worldwide.
The carriers usually used are: FedEx, UPS, DPD and DHL.
Delivery times are provided for information purposes only.
AXP Racing shall not be held liable for delays attributable to:
- the carrier;
- customs formalities;
- an incorrect or incomplete delivery address;
- force majeure;
- or any external event reasonably beyond its control.
The Customer must check the condition of the parcel upon delivery and immediately report any visible issue to the carrier and then to AXP Racing.
7. Right of withdrawal
In accordance with applicable law, the Customer acting as a consumer has a period of fourteen (14) days from receipt of the Products to exercise the right of withdrawal, without having to provide any reason.
To exercise this right, the Customer must notify AXP Racing at:
contact@axpracing.com
Products must be returned:
- new;
- uninstalled;
- unused;
- undamaged;
- complete;
- in their original packaging or in packaging ensuring full protection.
Return shipping costs remain the responsibility of the Customer.
Reimbursement will be made after receipt and inspection of the returned Products, in accordance with applicable law.
8. Returns outside the withdrawal right
Outside the legal right of withdrawal, no return will be accepted without AXP Racing’s prior written approval.
Only Products that are new, uninstalled, unused and undamaged may be accepted for return.
The return / after-sales processing period applied by AXP Racing is 14 days from receipt of the complete request, subject to the availability of the elements required to review the claim.
9. Statutory warranties
The Customer benefits from the statutory warranties applicable under French law, including:
- the legal guarantee of conformity;
- and the legal warranty against hidden defects.
Any request under statutory warranties must be sent to:
contact@axpracing.com
10. AXP Racing Commercial Warranty – 1 year
In addition to any applicable statutory warranties, AXP Racing offers a one (1) year commercial warranty from the date of purchase of the Product by the end customer.
This commercial warranty covers exclusively, subject to validation by AXP Racing:
- abnormal premature breakage;
- abnormal fractures;
- abnormal structural failures;
- or abnormally poor durability or resistance considering normal and proper use of the Product.
This commercial warranty does not cover in particular:
- normal wear and tear;
- scratches, rubbing marks, abrasion marks or cosmetic deterioration;
- damage caused by impact, fall, collision, projection, obstacle impact, tearing, crushing or any external event;
- damage resulting from abnormal, excessive, extreme, unsuitable or improper use contrary to the intended purpose of the Product;
- damage resulting from incorrect installation, incorrect tightening, improper fastening or improper fitting;
- damage resulting from vehicle / product incompatibility;
- Products that have been modified, drilled, trimmed, heated, straightened, repaired or altered;
- indirect damage, including damage caused to other parts, the vehicle, accessories, equipment or any person.
Any commercial warranty claim must be submitted to AXP Racing with:
- proof of purchase;
- the Product reference;
- clear photographs;
- and a precise description of the circumstances of the breakage or defect.
AXP Racing reserves the right to request return of the Product and any technical information necessary for its analysis.
Any claim is subject to prior inspection of the Product and the express approval of AXP Racing, which alone shall determine whether the breakage or defect falls within the scope of this commercial warranty.
If accepted, AXP Racing may, at its sole discretion:
- replace the Product;
- repair the Product where possible;
- grant a credit note;
- or issue a partial or full refund.
This commercial warranty does not entitle the Customer to any additional compensation.
11. Use of the Products
The Products marketed by AXP Racing are technical protection and equipment products intended in particular for motorcycles, quads, SSVs and, more generally, the off-road / all-terrain world.
They are designed to help protect certain parts of the vehicle, limit certain types of damage and, depending on their nature, improve protection of certain exposed areas or components when used for their intended purpose.
However, no protection can completely eliminate the risk of damage, breakage, falling, impact, injury or accident.
Due to their nature, their operating environment and the constraints inherent in off-road riding, AXP Racing Products necessarily have technical and functional limits and may under no circumstances be considered infallible or as providing absolute protection in all situations.
The Customer expressly acknowledges that using the Products does not eliminate:
- the risk of material damage;
- the risk of injury;
- the risk of mechanical failure;
- nor the consequences related to a fall, impact, collision, projection, bad landing, obstacle, intensive use or any other situation inherent in off-road practice.
The Customer remains solely responsible for:
- selecting the Product;
- checking its compatibility with the vehicle or intended use;
- installation;
- maintenance;
- its condition before use;
- and using it in appropriate and safe conditions.
Where necessary, AXP Racing recommends installation by a competent person or qualified professional, as well as the use of complete, suitable and approved equipment where required.
AXP Racing does not guarantee that the use of a Product will prevent damage, injury, breakage or an accident from occurring.
12. Liability
To the extent permitted by law, AXP Racing’s liability is limited to direct, certain and foreseeable damages exclusively attributable to a proven breach on its part.
AXP Racing shall not be liable for indirect damages, loss of use, downtime, loss of opportunity or other non-material losses, subject to any mandatory legal provisions applicable to consumers.
13. Force majeure
AXP Racing shall not be held liable for any delay or failure to perform caused by force majeure or an event reasonably beyond its control.
14. Dispute - Consumer mediation
In the event of a dispute between the Client and the company, the parties shall endeavor to resolve it amicably (the Client shall submit a written complaint to the professional or, where applicable, to the professional’s Customer Relations Department).
In the absence of an amicable agreement or if the professional fails to respond within a reasonable period of one (1) month, the consumer Client, as defined in Article L.612-2 of the French Consumer Code, may, free of charge, refer the matter to the competent mediator listed by the Consumer Mediation Evaluation and Control Commission pursuant to Article L.615-1 of the French Consumer Code, namely:
Société Médiation Professionnelle
http://www.mediateur-consommation-smp.fr
Alteritae
5 rue Salvaing
12000 Rodez
15. Governing law and disputes
These Terms are governed by French law.
Mandatory jurisdiction rules applicable to consumers remain reserved.