Terms of Sale l LA PISTE BLEUE by DRIVING EVOLUTION
The purpose of these general conditions of sale is to govern the contractual relations between the seller, namely:
EVOLUTION GROUP, SAS registered with the RCS of Paris (Seine) under B 493 503 882, whose head office is located at 2, rue de Messine 75008, Paris, represented by Mr. Julien PIGUET, Chairman and Managing Director, hereinafter referred to as "DRIVING EVOLUTION" or "the seller"
On the first hand,
And any natural or legal person acquiring, in accordance with these general conditions of sale, driving courses "LA PISTE BLEUE by DRIVING EVOLUTION", hereinafter referred to as "the purchaser" or "the customer" as well as the third-party beneficiary of the services hereinafter referred to as “The beneficiary" if he is separated from the purchaser.
On the other hand,
Being specified that:
- If a legal person acquires the goods and services marketed by the Company DRIVING EVOLUTION, a natural person must be formally identified as the beneficiary of these products and will be defined below as "The beneficiary".
- If a natural person acquires goods and services with the aim of having a third natural person benefit from them, the latter must also be formally identified as “The beneficiary” and will be - after designating “The beneficiary”.
DRIVING EVOLUTION can be contacted by post, by telephone, via the website of the Company EVOLUTION GROUP at the address www.driving-evolution.com or by email at the address email@example.com . All his contact details are present on the website www.driving-evolution.com
As part of LA PISTE BLEUE by DRIVING EVOLUTION activities, the following has been decided and agreed:
I - Application and opposability of the general terms of sale (TOS).
These T&Cs are systematically and previously sent or delivered to each customer of products or services marketed by DRIVING EVOLUTION as part of the activities “LA PISTE BLEUE by DRIVING EVOLUTION” to allow them to place an order. They are also given to the customer, after the purchase and together with the confirmation of the order, on any durable medium within the meaning of the Consumer Code, by email to the address provided by the customer.
No order made from the website of LA PISTE BLEUE by DRIVING EVOLUTION ( www.lapistebleue.com ) can be validated by the customer if the latter has not confirmed that he is aware of these general conditions of sale beforehand.
The fact of having placed an order thus demonstrates the prior total and unreserved adherence of the customer to the T&Cs, which he expressly acknowledges.
The customer acknowledges that the general conditions of sale of LA PISTE BLEUE by DRIVING EVOLUTION can be modified at any time by DRIVING EVOLUTION .
The conditions applicable to the contract are those in force on the date of payment.
The beneficiary of the services provided by DRIVING EVOLUTION must in all cases attest to the knowledge and acceptance of these general terms of sale in order to be able to benefit from the said services.
The customer will place an order after having read the offers proposed by DRIVING EVOLUTION on any information medium and in particular on the website http://www.lapistebleue.com/ containing the characteristics of the services offered to the customer who, by placing an order, acknowledges having been fully informed about said services.
The Customer acknowledges that he has received the necessary advice and information to ensure that the offer meets his needs and declares that he is able to legally contract under the French laws or validly represents the natural or legal person for whom he is committing. He undertakes to provide, at the time of the order, faithful and honest information and in particular his elements of true identification. Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.
The ordering process placed on the website of LA PISTE BLEUE by DRIVING EVOLUTION obeys articles 1369-4 and following of the French Civil Code allowing the purchaser to define his order, to check the details and its total price, to correct any errors then to confirm the validation of the order by a "validation click" equivalent to payment obligation ("Payment" button), which the customer expressly acknowledges.
The validation of the order is final, subject to available stocks, only when it has been confirmed in writing and sent to DRIVING EVOLUTION or through www.lapistebleue.com accompanied by the rules in their entirety .
DRIVING EVOLUTION reserves the right to refuse or to confirm an order and/or register a payment for any reason whatsoever and in particular in the event of a temporary shortage of stock, failure to pay the full price, or abnormal of the order.
III - PRICES and SERVICES
The prices are expressed in EUROS including VAT (VAT and other possibly applicable taxes included at the rate in force on the date of the order). The price and conditions of the service acquired are fixed on the date of the order. The customer expressly undertakes to pay the price relating to his order.
The price is payable directly on the registration platform by credit card. The parties expressly acknowledge that this payment constitutes payment of the price and cannot under any circumstances be assimilated to a payment of a deposit within the meaning of Article L. 131-1 of the Consumer Code.
The essential characteristics of the services provided by DRIVING EVOLUTION and the related prices have been communicated to the customer and/or beneficiary, in particular by means of the website of LA PISTE BLEUE by DRIVING EVOLUTION, www.lapistebleue.com, who recognizes it by the approval hereof .
It is recalled that DRIVING EVOLUTION mainly provides the following services:
Driving sessions of Alpine vehicles by the client or the beneficiary of the course, hereinafter referred to as the "trainee". The trainee will be accompanied by a driving instructor holding a French BPJEPS diploma throughout the driving session. This driving session must be preceded by a briefing which the trainee must attend under penalty of not being able to take the wheel of the vehicles.
These briefings will be given by a staff member from DRIVING EVOLUTION holder of a French BPJEPS diploma. The trainee undertakes to respect them scrupulously and to follow these directives under the control of the French BPJEPS instructor who will accompany him as a co-pilot during the driving session. Internships La PISTE BLEUE by DRIVING EVOLUTION are not focused on sporting performance but on the discovery of vehicles whose performance and use on the circuit nevertheless justifies compliance with the said safety rules and driving techniques .
- HOT LAPS:
Driving session as a passenger in a vehicle piloted by a staff member of DRIVING EVOLUTION, instructor holder of a French BPJEPS diploma. The passenger undertakes to respect the safety instructions which will be provided to him by the pilot when he is installed on board the vehicle.
Driving sessions carried out by vehicle owners on their own vehicle and in the company of a French BPJEPS instructor responsible for providing them with instructions in driving and piloting tailored to the customer's request, whether it is learning controlling a vehicle or seeking sports performance.
These driving sessions are also preceded by a briefing by a staff member from DRIVING EVOLUTION .
It is specified that DRIVING EVOLUTION does not own the circuits on which the courses and hot laps take place but rents these circuits to their owner or operator.
DRIVINGEVOLUTION does not own the vehicles made available to customers and beneficiaries of these services. The fleet of vehicles used is thus renewed by Alpine Cars and is subject to change in order to offer the most up-to-date vehicles in terms of technical services.
IV - Delivery and terms
Orders are only validated, and deliveries are made only according to availability and in the order of arrival.
After validation of the order, the customer will receive a written confirmation of his order and of these general conditions of sale to his e-mail address provided when ordering.
The date of performance of the services will be fixed when the order is placed by the customer, subject to availability on the date of the order.
The responsibility of DRIVING EVOLUTION cannot be engaged in case of change of date, and/or impossibility for the Purchaser to go to the course.
In these cases, DRIVING EVOLUTION will offer the Buyer a full credit note on his order, to be used within one year, or the cancellation and refund of it.
V – Qualifications of the beneficiary - Change of beneficiary
The beneficiary of the services ordered must be identified on the date of acquisition.
Since this service includes the driving of a vehicle, the beneficiary must be in possession of a physical and valid driving license on the day of the course.
The beneficiary of any service ordered must be able to perform it under optimal security conditions. DRIVINGEVOLUTION reserves the right not to deliver the service ordered if, on the day of the course, the beneficiary does not have, in particular, the physical and psychomotor aptitude necessary for the delivery, in complete safety, of the service ordered.
For any modification of the identity of the beneficiary of the service, the process must be made jointly by the purchaser and the new beneficiary, the latter will declare that he renounces to benefit from the services ordered and will accept that these be carried out for the benefit of a new beneficiary.
VI – Procedure
The services marketed by DRIVING EVOLUTION takes place on the dates and places shown on the order or appointment confirmations.
The places available being limited, the beneficiary undertakes to present himself at the agreed dates and times to benefit from the services and acknowledges that in the event of absence on the day scheduled to benefit from the service, he may not require it to be carried out on another date, subject to the application of the paragraph “Cancellation and postponement of date”.
It is recalled that the circuit on which the services are delivered is stopped at the time of the order and in no case can the customer or the beneficiary be able to claim any refund, credit, or modification if this circuit no longer satisfies them at the day of performance of the service.
VII - Weather conditions
DRIVING EVOLUTION cannot be held responsible for the weather conditions on the day of the performance of the service LA PISTE BLEUE by DRIVING EVOLUTION. The customer or the beneficiary may not under any circumstances seek any compensation due to these weather conditions.
The customer and/or the beneficiary expressly acknowledges that the services ordered will be carried out whatever the weather conditions unless these make the track on which these services must be carried out impassable.
If the weather conditions do not allow a course meeting all the conditions in terms of safety, thus prohibiting DRIVING EVOLUTION to provide the agreed service, a new date for the performance of the service will be proposed to the customer or the beneficiary for the performance of these services. DRIVING EVOLUTION cannot in any way be sought for the consequences of these weather conditions and the customer and/or the beneficiary cannot demand any reimbursement or compensation in this respect.
VIII - Cancellation and postponement of date
The client or the beneficiary is allowed to modify the date of execution of the service ordered under the following conditions: Any change of date will be made free of charge 21 working days before the date initially planned.
In the event of absence of the customer and/or the beneficiary on the date scheduled for the performance of the services, these will be deemed to have been carried out and consumed and the customer and/or the beneficiary cannot claim reimbursement or see the execution of the service postponed.
However, in the event of the absence of the beneficiary of the service for health reasons which has made it impossible for the latter to perform the services ordered, a new date may be set to perform the said services under the conditions following:
• - The beneficiary must justify his absence, within two working days following this absence by producing a medical certificate establishing the impossibility, for him, of carrying out the service ordered on the date initially planned.
In the event of any event having the characteristics of force majeure (example: cancellation of the provision of the circuit by its operator, weather conditions, reduction in the number of participants following requests for postponement) would prohibit DRIVINGEVOLUTION to be able to perform its services on the date agreed between the parties, DRIVING EVOLUTION cannot be held responsible for the fact of having been forced to cancel the date of the course initially planned. In this case, new dates will be offered to customers and/or beneficiaries.
It is expressly agreed that this postponement of the date, due to an event beyond the control of DRIVING EVOLUTION and having the characteristics of force majeure, will not give rise to any claim by customers and/or beneficiaries.
Apart from cases of force majeure, and in the event that DRIVING EVOLUTION would not be able to deliver the service on the agreed date, the Customer has the option of rescinding the contract under the terms and conditions defined in Article L 138-2of the French Consumer Code. The Seller then proceeds to the reimbursement under the conditions of Article L 138-3 of the French Consumer Code.
IX - Right of withdrawal - Absence of application to services sold by DRIVING EVOLUTION
It is agreed between the parties that the order for the services sold by DRIVING EVOLUTION must be accompanied by payment of the price, which will confirm the validation of the order, subject to available stocks. The payment accompanying the order constitutes the irrevocable payment of the price and not the payment of a deposit within the meaning of article L. 131-1 of the Consumer Code, which the parties expressly agree to.
Under no circumstances will the customer be able to claim any refund after his purchase.
Indeed, the customer is expressly advised that the contracts concluded in application of these general conditions of sale cannot be the subject of the right of withdrawal of 14 days opened by the provisions of articles L. 121-21 and following of the Consumer Code and this in application of article L. 121-21-8 of the Consumer Code according to which:
"The right of withdrawal cannot be exercised for contracts: ….
12 ° Provision of accommodation services, other than residential accommodation, goods transport services, car rentals, catering or leisure activities which must be provided on a specific date or period ... "
X - Delegation of organization.
It is understood that DRIVING EVOLUTION sells driving courses LA PISTE BLEUE by DRIVING EVOLUTION and other benefits. However, it reserves the right to delegate and/or subcontract the organization of the services marketed by another operator, which the customer and/or the beneficiary expressly accepts by agreeing to these general conditions. general sales.
XI - Obligations of course participants.
The customer and/or beneficiary undertakes to come to the appointment on the days and times which will have been decided under the conditions set out above.
Failing this, and unless the date is postponed authorized (see article 8 of these general terms and conditions of sale), the intern cannot demand that he completes his internship at a later date and the internship will be deemed to have been completed without the client and /or the beneficiary cannot demand any reimbursement.
The trainee will be required to present his original valid driving license as well as his original gift voucher and/or the original order confirmation and appointment confirmation on the day of his internship. Failing this, he will not be able to claim to complete his internship and it will be lost and not reimbursed. He undertakes not to be under the effect of a suspension, cancellation, or invalidation of his driving licence.
Traineeships are nominative and not transferable, even partially. The trainee must follow exactly the safety instructions taught on site. Presence at the theoretical briefing is compulsory. The trainees undertake to attend the course without being under the influence of alcohol and without having taken any medication likely to disturb their behaviour, in particular for driving a vehicle, or any other illicit substance.
Otherwise, the course will be purely and simply terminated at the fault of the trainee. The trainees undertake to carry out the course under the control of the professional instructor, to be attentive and to listen to the safety instructions. If this is not the case, the organiser reserves the right, for obvious reasons of safety, to put an end to the running of the course in question without any compensation being required, the contract then being terminated at the fault of the trainee for non-compliance with the obligations in terms of safety.
In the event of leaving the track or misuse of the mechanics, the course will be stopped regardless of the service remaining to be performed (additional laps, other cars to be driven on the track, etc. ) and this, without any compensation whatsoever be demanded, the contract then being terminated at the fault of the trainee for non-compliance with the obligations in terms of security.
It is forbidden to use your mobile phone or any other electronic device in the course cars during the courses and the organiser asks the customer not to keep it on him, even in the vibrating position.
The customer and/or the beneficiary expressly acknowledges that failure to comply with their obligations and in particular the safety instructions engages their responsibility with regard to DRIVING EVOLUTION and any third party victims of their breaches.
The customer and/or beneficiary agrees to take out circuit insurance for the day of driving.
XII – Price and services
The company reserves the right to modify its services and prices at any time and without notice and to market promotional offers at any time. The customer's payment obligation is however defined and stopped at the rate applicable on the date of the order made by the latter.
XIII - Insurance – Liability
EVOLUTION GROUP has taken out professional liability insurance covering damage related to its activity on the territory with the company AXA France Iard SA under reference 3.842.357.504 ( AXA France IARD SA, 313, Terrasses de l’Arche– 92727 Nanterre Cedex).
The customer or the beneficiary has the obligation, in the event of the use of his own vehicle on the track, to take out circuit insurance for the day.
The client and/or the beneficiary assumes responsibility in the event of non-compliance with their obligations and in particular in the event of non-compliance with the general obligations of prudence and the safety instructions recalled during the course of the course.
DRIVING EVOLUTION cannot be held liable for damages that do not result from its activity or the services sold.
DRIVING EVOLUTION cannot therefore be held responsible for thefts, damage or other offenses committed on the premises of the internship and cannot be held liable either for lack of supervision of the people on the premises of the internship.
XIII - Intellectual property
All the elements appearing on the information media distributed by DRIVING EVOLUTION , and in particular on the site of LA PISTE BLEUE by DRIVING EVOLUTION at www.lapistebleue.com are and remain the exclusive intellectual property of DRIVING EVOLUTION with the exception of those of its partners. No one is authorised to reproduce, exploit, redistribute or use for any reason whatsoever, even partially, elements of the site whether software, visual or sound. Any simple or hypertext link is strictly prohibited without the express written consent of DRIVING EVOLUTION.
XIV- Protection of personal data
Nominative information and personal data transmitted to DRIVING EVOLUTION in particular during the placing of the order may be collected for the purpose of being able to contact the beneficiary and/or the buyer in order to ensure the smooth running of the service as well as in particular the subsequent communication of marketed offers by DRIVING EVOLUTION or its partners who are beneficiaries of a file transfer, of which the customer is expressly notified under the terms hereof in accordance with the provisions of article 32 of Law No. 78-17 of January 6, 1978 on data processing and freedom .
In accordance with the provisions of this Law, any person proving his identity has a right of access, verification, rectification or even cancellation of personal data appearing in an automated processing file, not automated or mecanographic. These rights will be exercised directly with DRIVING EVOLUTION by mail addressed to its postal address appearing at the top of these GCS or via the website by means of the email firstname.lastname@example.org.
Pursuant to Article 38 of the Law of January 6, 1978, the customer is expressly advised that he also has the right to object to the collection and processing of his personal data by DRIVING EVOLUTION .
Update of the collection of personal data following the GDPR of May 25, 2018, Articles 12, 13 and 14 of the GDPR
XV- Settlement of disputes – Complaints – Applicable law – Jurisdiction
It is agreed between the parties that they will seek an amicable agreement in order to put an end to their dispute.
Before initiating any legal action before any jurisdiction whatsoever, the customer and/or the beneficiary must, and under penalty of inadmissibility of the said legal action, send a letter of complaint to DRIVING EVOLUTION at the address postal address appearing at the top of these presents setting out the grounds for the complaint and the subject of the latter.
DRIVING EVOLUTION will then have one month to respond. After this period, it will be possible for the parties to continue their transactional steps, to initiate an alternative dispute resolution measure or to seize the competent courts to settle the dispute .
The customer and the beneficiary of the services, if they are consumers, are particularly advised, in accordance with article L. 133-4 of the Consumer Code, that they have the possibility of recourse in case of dispute, to a conventional mediation procedure or to any other alternative method of settling disputes.
Under the terms of Article 1528 of the Code of Civil Procedure: The parties to a dispute may, on their own initiative and under the conditions provided for in (Book V of the Code of Civil Procedure), attempt to resolve it amicably with the assistance of a mediator, a justice conciliator or, in the context of a participatory procedure, their lawyers.
Alternative dispute resolution measures are governed by articles 1528 and following of the Code of Civil Procedure, accessible in particular at the following address:
It is agreed between the parties that the Law applicable to the contract is French Law and that the Courts competent to settle any disputes will be the French Courts, whatever the nationality or residence of the parties, or the place formation or execution of the contract.
In the event that the customer has entered into the contract as a trader and for the purposes of his professional activity, it is also expressly agreed that only the Commercial Court of Paris will be competent to examine any claim in case of failure of the attempt at amicable settlement of the dispute stipulated in paragraph 1 of this article.
This contract is drafted in French, translated in English. Its clauses are not indivisible so that the contestation of the validity of one of them cannot influence the validity of the others, which the parties recognise.
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