STANDARD TERMS AND CONDITIONS OF ONLINE SALE VIA THE WEBSITE AND FIA WEC/24 HOURS OF LE MANS APP (VIEWER PACKS)
- 1. General provisions
Société Sportive Professionnelle de l’Automobile Club de l’Ouest is a Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000, entered in the Le Mans company register under number 433666229, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans, France.
Le Mans Endurance Management is a Société par Actions Simplifiée (simplified joint-stock company) with share capital of €1,000,000, entered in the Le Mans company register under number 451336184, and whose headquarters are located at Circuit des 24 Heures, 72019 Le Mans, France.
Société Sportive Professionnelle de l’Automobile Club de l’Ouest and Le Mans Endurance Management specialise in organising world and European endurance motor racing championships.
The world endurance motor races are more comprehensively described on the website owned and published by the companies: www.fiawec.com.
Within the scope of their business, Société Sportive Professionnelle de l’Automobile Club de l’Ouest and Le Mans Endurance Management sell viewer packs to individuals who wish to watch World Endurance Championship motor races live or on replay on their computer or mobile devices.
The replay of a race is available for a three-week period from the date of the race or, where two races are less than three weeks apart, until the qualifying session for the later race.
These packs are sold online: (i) on the aforementioned website via the “LIVE & REPLAY SUBSCRIPTION” tab after setting up a personal account; (ii) via the FIA World Endurance Championship/24 Hours of Le Mans app (depending on the stage of the championship season), via the “LIVE” tab after setting up a personal account.
- 2. Definitions
For the purposes of these standard terms and conditions of sale, words or expressions with an initial capital have the following meaning:
App refers to the FIA World Endurance Championship/24 Hours of Le Mans application, owned and published by the Companies, which can be downloaded via App Store for iOS systems and Google Play for Android systems.
Customer refers to any physical person who purchases a Pack sold by the Companies, under the terms and conditions described hereafter.
Standard Terms and Conditions of Sale refers to this document, including annexes.
Party(-ies) refers individually to the Companies or a Customer and collectively to the Companies and a Customer.
Website refers to the website owned and published by the Companies: www.fiawec.com.
Companies refers to Société Sportive Professionnelle de l’Automobile Club de l’Ouest and Le Mans Endurance Management.
Pack refers to a viewer pack sold by the Companies online on the Website via the “LIVE & REPLAY SUBSCRIPTION” tab and on the App via the “LIVE” tab.
- 3. Purpose
The purpose of these Standard Terms and Conditions of Sale is notably to lay down the scope thereof and detail the conditions of acceptance.
They also describe the Packs sold by the Companies and the conditions under which the Customers purchase the Packs on the Website and the App.
The Standard Terms and Conditions of Sale stipulate the payment terms for the Packs.
They also state the limit of the Companies’ liability.
- 4. Scope
The Parties agree that their relations shall be governed by these Terms and Conditions of Sale, to the exclusion of any condition previously provided on the Website or App.
These Terms and Conditions of Sale shall apply to all sales of Packs by the Companies made via the Website or the App.
Ordering a pack via the Website or the App implies express and unreserved acceptance by the Customer of these Standard Terms and Conditions of Sale when the order is confirmed under the conditions set out in Articles 7.1 and 7.2 hereof, and in accordance with the terms provided to this effect on the Website or the App.
- 6. Packs
The Companies sell various Packs to view World Endurance Championship motor races. The Packs are sold online via the Website and the App.
The Packs sold by the Companies are described more comprehensively on the Website, via the “FAN ZONE” then “FIA WEC APPLICATION” tabs.
- 7. Orders
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- 7.1 Steps on the Website
The Customer must be identified before a Pack can be purchased.
- This is done by:(i) logging into their member area by entering their email address and password if they already have an account on the Website/App;
- (ii) creating a personal account via the “MEMBER AREA” tab if they are not already a member. They must then enter their personal data (gender, surname, first name, email address and password (entered twice)).
Once logged into their personal account, the Customer can select the Pack they wish to purchase via the “LIVE & REPLAY SUBSCRIPTION” tab, by clicking the “PURCHASE” button.
The Customer must then:
- confirm their personal details once again by clicking “VALIDATE”;
- accept these Terms and Conditions by checking the appropriate button on the Website before clicking “PAY”.
The Customer is then redirected to the online payment page to enter their payment details on the special form.
Once payment of the order has been made, an automatic order confirmation is sent to the address indicated on setting up the account.
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- 7.2 Steps on the App
The Customer must be identified before a Pack can be purchased.
- This is done by: (i) logging into their member area by entering their email address and password if they already have an account on the Website/App;
- (ii) creating a personal account via the “LOGIN” tab if they are not already a member. They must then enter their personal data (gender, last name, first name, email address, country and password (entered twice)).
Once logged into their personal account, the Customer can select the Pack they wish to purchase via the “LIVE” tab, by clicking “PURCHASE”.
The Customer must then follow the instructions given on the mobile device to pay for the order.
Once payment of the order has been made, an automatic order confirmation is sent to the address indicated on setting up the account.
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- 7.3 Absence of cooling-off period
By accepting these Standard Terms and Conditions of Sale, the Customer (i) expressly accepts that the performance of the Packs begins before the end of the cooling-off period granted by Article L. 221-18 of the French Consumer Code, and (ii) expressly forfeits this cooling-off period.
- 8. Price and payment
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- 8.1 Price
The prices of the Packs sold by the Companies are firm.
These prices are indicated on the Website and the App and are given in euro.
Depending on the Customer’s situation in Europe, a price including or excluding VAT will be given. Where the Customer is located elsewhere in the world, VAT is excluded. In all cases, the price is final and non-negotiable.
The price shall be paid in accordance with the provisions of Article 8.2 below.
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- 8.2 Payment
Payment for the Pack(s) shall be made by bank card on the Companies’ Website/App by means of a secure payment service.
The Customer will receive an invoice for orders placed via the App once payment for the Pack(s) has been made.
If the order is placed via the Website, the Customer may request an invoice from the Companies.
- 9. Duration
The contract concluded between the Parties comes into force on the date of confirmation of the Customer’s order by the Companies, under the conditions laid down in Articles 7.1 and 7.2 above.
The contract is concluded for the duration required for performance of the Pack.
- 10. Changes to the Standard Terms and Conditions of Sale
The applicable Standard Terms and Conditions of Sale are those in force on the date of confirmation of the order by the Customer, under the provisions ofArticles 7.1 and 7.2 above.
However, the Companies may be required to modify the terms and conditions at any time, without notice, subject to informing their Customers by email and/or by publishing the changes on the Website/App as soon as they come into force.
The Companies shall update the Standard Terms and Conditions of Sale and indicate the latest update in the top right-hand corner.
- 11. Liability
The Companies may only be held liable for any damage directly caused by their fault, evidence of which is to be provided by the Customer. Compensation for the loss suffered by the Customer shall not exceed the amount owed by the Customer for the Pack(s) concerned.
The Companies may not be held liable for any indirect damage suffered by the Customer. In particular, any financial or commercial loss, including any loss of sales, profit, data, orders or customers, is considered to be indirect damage.
- 12. Force majeure
In the event of force majeure as defined in Article 1218 of the French Civil Code including but not limited to unforeseeable events such as strikes, walkouts, social unrest, factory closures, floods, fire, disruption to production or transportation not ascribable to their own personal action, shortfalls in supply, war, riots, insurrections, and more generally any circumstance or event preventing the Companies from suitably fulfilling their obligations, the Companies will not be liable for possible failure to fulfil their obligations relating to the Pack, provided that they have informed the Customer immediately and have taken all the necessary measures to limit the effects thereof.
Where the effects of force majeure exceed ninety (90) days, the Customer may cancel the Contract by registered letter with acknowledgement of receipt and obtain reimbursement of the Pack that they were unable to enjoy.
- 13. Intellectual property
All elements contained on the Website and the App that are published by the Companies are protected by intellectual property legislation.
Consequently, the Companies alone hold all rights, titles and interests, including all intellectual property rights related to the said Website and the said App, as well as any ideas, suggestions, requests for improvement, comments, recommendations and other information that Customers and third parties may communicate about the Website and/or the App.
Moreover, the Companies hold the rights of use on all accessible elements on their Website and their App, especially wording, images, graphics, logos, icons, sound, software, etc. Consequently, all reproduction, representation, modification, publication, or total or partial adaptation of the elements of the Website and/or the App, by any means or process whatsoever, is prohibited except with the express prior consent of the Companies.
- 14. Personal data
In accordance with Act 78-17 of 6 January 1978, amended by the Acts of 6 August 2004 and 20 June 2018, the Companies agree to process the personal data of their Customers solely to fulfil their obligations related to the Packs sold.
In this respect, it is reiterated that the personal data requested from the Customer is especially required to order a Pack, to pay for the order and to issue invoices.
The Companies also agree to guarantee the confidentiality of the personal data processed for the purposes of fulfilling their obligations.
Moreover, as this data may be communicated to partners of the Companies responsible for the execution, processing, management and payment of orders, the Companies shall ensure that these partners present sufficient guarantees with regard to the implementation of appropriate technical and organisational measures so that the data is processed in accordance with the applicable regulations.
In accordance with the national and EU regulations in force, the Customer has a permanent right of access, modification, rectification and opposition with regard to the information concerning the Customer.
The Customer may, on producing valid proof of identity, exercise the above rights by contacting the Claims Department by sending a registered letter with acknowledgement of receipt to Service Réclamation, Circuit des 24 Heures, 72019 Le Mans, France.
If the Customer no longer wishes to receive Company news, offers (by telephone, SMS, post or email) or invitations, they have the option of indicating this via the link provided and modifying their choices by contacting the Companies under the conditions mentioned above or by changing the settings on their online account.
The Customer may contact the CNIL (www.cnil.fr/en) for further information or to file a claim.
- 15. Sundry clauses
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- 15.1 Merger clause
The Parties acknowledge that these Standard Terms and Conditions of Sale constitute the entire agreement between them relating to the subject matter thereof and supersede all prior verbal and/or written commitments between the Parties relating to the subject matter. Unless expressly stipulated otherwise, the terms, conditions and obligations herein shall prevail over all others.
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- 15.2 Severability clause
The invalidity, unenforceability or, more generally, the lack of effect of any of the stipulations herein shall not affect the other stipulations which will remain perfectly valid and enforceable.
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- 15.3. Non-waiver clause
Should either Party not pursue a breach of any of the obligations stated herein by the other Party, this shall not be deemed in the future as a waiver of the obligation in question.
- 16. Customer service
The Companies’ customer service can be contacted by email at helpdesk@fiawec.com.
- 17. Amicable settlement of disputes
Customer claims shall be made to the Companies’ customer service department at the address stated in Article 16 above.
If an amicable settlement cannot be found to a claim submitted to the Companies, the Customer shall be duly informed of their entitlement to mediation in accordance with the provisions of Article L. 612-1 of the French Consumer Code.
Regardless of which Party wishes to seek mediation, that Party shall inform the other Party beforehand by registered letter with acknowledgement of receipt and state the reasons for the dispute.
Moreover, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Customer may also use the online dispute resolution platform at https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=EN.
- 18. Applicable law and jurisdiction
The Standard Terms and Conditions of Sale are governed by French law.
Any dispute in connection herewith shall be brought before one of the courts territorially competent under the French Code of Civil Procedure.
The Customer has the possibility of submitting any dispute relating hereto either to the jurisdiction where the consumer was residing at the time when the Contract was concluded, or of the place where the harmful event occurred.
In any case, the Customer shall be duly informed of their entitlement to mediation in accordance with the provisions of Article L. 612-1 of the French Consumer Code.
- 19. French and foreign versions
These Standard Terms and Conditions of Sale were originally drafted in the French language. In the event of a contradiction or misinterpretation, the original French version shall prevail over any other version written in another language at the Customer’s request.
- 20. Address for service
The address of the Companies for service is Circuit des 24 Heures, 72019 Le Mans, France.