TERMS OF SALE

 

When you are shopping on scuderialtd.com you accept our Terms & Conditions when completing your order. We therefore advise you to thoroughly read through all of the below mentioned terms and conditions before you start shopping on scuderialtd.com

The Terms & Conditions can be updated regularly and we therefor ask you to accept our Terms & Conditions every time you shop on scuderialtd.com. You will not be notified about such updates. The Terms & Conditions that apply when you make your purchase, accepted by you, will be the Terms & Conditions applicable to your order. The website is available 24 hours a day and is only closed in case of maintenance.

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COLORS 

SCUDERIA aims to show the products as correctly as possible. However, please note that we cannot guarantee that the colors on the website will be true to life. This depends partly on the color settings, your computer and monitor. Leather products colors can vary from one product to another. SCUDERIA cannot be held responsible for any such discrepancy.

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ARTICLE 1: APPLICATION AND ENFORCEABILITY OF TERMS AND CONDITIONS

Scuderia’s business is the sale of luxury motor jackets in France and abroad (hereinafter referred to as "the products") on its site. 

The purpose of these Terms and Conditions is to define all the conditions under which the seller markets its products as offered for sale on the site to customers. They therefore apply to any order (hereinafter referred to as the “order”) of products placed on the site by the customer.

The customer declares that he has read and accepted these Terms and Conditions before placing his order.

The validation of the order is therefore equivalent to acceptance of these Terms and Conditions. These are regularly updated, the applicable terms and conditions are those in force on the site at the time of placing the order.

Any conditions to the contrary imposed by the customer would therefore, in the absence of express acceptance, be unenforceable to the reller regardless of the time when it may have been brought to its knowledge.

The fact that the seller does not avail himself at any time of any provision of these General Terms and Conditions, cannot be interpreted as a waiver to later avail himself of any provision of these General Terms and Conditions.

ARTICLE 2: PRODUCT ORDER 

2.1 In order to proceed with the order, the customer must provide the following information: 

Surname and first name;
E-mail address;
Date of birth;
Country and postal code of residence;
Telephone number;
Bank details;
Secret code. 

In order to validate his Order, the Customer must check the box with the mention "I accept without reservation the General Conditions of Sale of SCUDERIA" or a similar mention as well as the box with the mention "I consent to the processing of my personal data ».

The mention "Order with payment obligation" or an analogous form without any ambiguity appears next to the icon of validation of the Order to ensure that the Customer explicitly acknowledges its obligation to pay the Order.

Once this information has been filled in, the Customer will receive an email confirming his Order on the Site.

The Customer undertakes to provide accurate personal information in accordance with reality and to update it systematically, through its profile or by notifying the Seller, to ensure its relevance and accuracy throughout the use of the Site. 

2.2 The Products offered for sale are described and presented as accurately as possible.

The Seller reserves the right to correct the content of the Site, in particular to adapt to changes in the Site and the Seller’s activity by making new Products available, deleting or modifying existing Products. 

The customer selects the product or products he wishes to purchase, and can access at any time the summary of his Order.

The summary of the order presents the list of products that the customer has selected, as well as any additional costs that may be added to the price of the order. 

The customer has the possibility to modify his Order and correct any errors before accepting his Order.

After acceptance of the GTCS and validation of the order with payment obligation, the contract is validly concluded between the Seller and the Customer and irrevocably binds them. The Seller then sends him an order confirmation by email, containing the elements of the summary of his Order.

After having validated its delivery and billing details, the Customer proceeds to the payment of his Order according to the terms specified in article 3 of these Terms and Conditions.

2.3 If, despite the vigilance of the seller, the products are unavailable, the seller will inform the customer by e-mail as soon as possible. In case of proven unavailability of the product, the customer then has the ability to: 

• Either to be delivered a Product of equivalent quality and price, within the limits of available stocks; 
• Be reimbursed for the price of the ordered product or service within 14 days of request.

The Customer may then cancel his Order and obtain a refund, if applicable, of the sums paid. 

The permanent or temporary unavailability cannot in any case incur the liability of the Seller, nor can it open any right to compensation or damages in favor of the Customer.

ARTICLE 3: PRICES – CONDITIONS FOR PAYMENT OF THE ORDER

3.1 The prices are mentioned on the Site in the descriptions of the various Products available, in euros, excluding taxes and all taxes included. It is expressly stated that certain overseas territories and departments are subject to special legislation because of their geographical location. 

In particular, in accordance with Articles 294 and following of the General Tax Code, the Value Added Tax is not applicable in the following overseas departments, communities and territories:
Saint-Pierre-et-Miquelon;
Wallis and Futuna;
Guyana;
Saint Martin;
Saint-Barthélemy (except in real estate);
Mayotte;
New Caledonia.

3.2 The total amount of the Order is indicated in the summary of the Order, before the Customer accepts these Terms and Conditions, validates its Order, enters and validates its delivery and billing details and, if applicable, proceeds with payment. This total amount is shown in all taxes included.

The Product Order on the Site is payable in euros. The entire payment must be made on the day of the Order by the Customer, by credit card, unless special conditions of sale expressly accepted by the Customer and the Seller.

The Seller is not in any way a banking institution and all collection services are provided by the companies STRIPE, an authorized partner specialized in these services. The Seller therefore invites Customers to read their terms of use available at https://stripe.com/en/privacy. 
It is up to the Customers to verify the adequacy of the services to their needs.  

The transactions carried out through them are secured using an SSL encryption process in order to strengthen all the jamming and encryption processes by optimizing the protection of all personal data related to this payment method.

Banking information is directly communicated to the secure payment provider. The Seller never has access to confidential information about the means of payment.

However, the Seller may request certain information in order to attest to the reality of the Customer’s identity. By accepting these Terms and Conditions, the Customer agrees to transmit all the information requested.  

3.3 The Customer guarantees to the Seller that it has the necessary authorizations to use the method of payment, when placing the Order. The archiving of communications, purchase orders and invoices is carried out on a reliable and durable medium. They may be produced as proof of the contract, if applicable.

The Seller reserves the right to suspend or cancel any performance and/or delivery of an Order, whatever its nature and level of performance, in the event of default or partial payment of any amount that would be due by the Customer to the Seller, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the Site and the payment of an Order.
ARTICLE 4: RETRACTION

In accordance with article L.221-18 of the French Consumer Code, the Customer has a period of fourteen (14) days from receipt of the Product to exercise his right of withdrawal, in order to obtain a refund of the Products purchased, without having to justify or pay penalties. 

The Products offered by the Seller are not taken back or exchanged when they have been unsealed by the Customer except in case of error attributable to the Seller, especially in case of delivery of Products not corresponding to the Customer’s Order. 

To exercise its right of withdrawal, the Customer must notify the Seller:

    •    name, address and, where available, telephone number and e-mail address;
    •    as well as its decision to withdraw by means of an unambiguous statement expressing its willingness to withdraw. 

A withdrawal form is made available to the Customer on the Site.

Returns are to be made, to the Seller or to a person he has designated, in their original state and complete (packaging, accessories...) allowing their return to the market in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete Products are not included. It is recalled that the Customer’s liability, in the event of withdrawal after use of the Products, is incurred in respect of the depreciation of the property or goods resulting from manipulations other than those necessary. According to the European Commission, these manipulations are those that a consumer can perform in a store, for the goods offered for sale there. 

In case of exercise of the right of withdrawal within the aforementioned period, only the price of the Products purchased and the delivery costs are refunded; the costs of return remain at the expense of the Customer. The Seller will proceed with the refund using the same means of payment as the one used for the initial transaction (unless expressly agreed by the Customer to use another means of payment and to the extent that the refund does not entail any costs for the Customer).

The refund will be made within fourteen (14) days of receipt of the Product returned by the Customer. 

ARTICLE 5: DELIVERY OF PRODUCTS

5.1 The Products offered on the Site may be delivered to France, DOM-TOM, Europe and International. 
    
All information relating to the terms of delivery of Products is accessible directly on the Site at (o), as well as in the description of the Products.

The delivery period begins to run as soon as the Order confirmation email is sent.

The Seller expressly undertakes to make all customs declarations necessary for the delivery of the Products to the address indicated by the Customer. The Seller also undertakes to provide the Customer with all the documents necessary for the transport of the Product ordered and in particular, the documents necessary for customs clearance, health certificates and approvals relating to the Products.   

As postal delivery charges are determined on the basis of the tariffs imposed by the various carriers and customs regulations, they therefore vary accordingly. The total amount due by the Customer in terms of delivery costs appears at the time of the Order summary, before payment. 
In accordance with article L.216-4 of the French Consumer Code, any risk of loss or damage to goods is transferred to the consumer at the time he physically takes possession of the Products.

The Seller undertakes to deliver the Products within a period not exceeding thirty (30) working days from the date of the Order. The Customer is informed by email, when his Order is ready, of the delivery of the Products. The Product(s) ordered is (are) delivered to the address indicated by the Customer at the time of his Order in the conditions specified in the article "Product Order" of these Terms and Conditions.
    
5.2 The Customer is informed by e-mail of the dispatch of his Order. If, within thirty (30) days of the Order being sent by the Seller, the Customer does not receive the Products ordered, the Customer may contact the Seller by mail at contact@scuderialtd.com to request the redirection or refund of the Order. The refund is then made in full, including the cost of redirection, if the Order is delivered after the withdrawal.

5.3 The Customer must ensure that the information communicated referred to in the article "Order of Products" and mentioned in the email of confirmation referred to are correct, and that they remain so until full receipt of the Product(s) ordered. The Customer therefore undertakes to inform the Seller of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the email address of the customer service. Failing this, in case of delay and/or delivery error, the Customer may in no case incur the responsibility of the Seller, and the Seller’s customer service will contact the Customer for a second delivery at the Customer’s expense.

Furthermore, it is directly up to the Customers to check, during delivery, the perfect condition of the Products. Otherwise, they will have to express their express and precise/detailed reservations directly on the carrier’s form and in the presence of the carrier.

The Seller will also not be responsible if the non-receipt of the Products is due to the fact of a third party outside its intervention or in the event of theft.

The Customer undertakes to be present at the delivery address at the time of delivery of the Products.

In case of return of the Order due to the absence of the Customer, the Seller’s customer service will contact the Customer for a second delivery at the latter’s expense.

The Customer may monitor the status of his Order via the Site, or via that of the carrier if applicable, from the tracking number communicated in the Order confirmation email.

For any request for information, clarifications or for any complaint, the Customer must, in priority, contact the Site’s customer service, in order to allow the latter to try to find a solution to the problem.

The Site’s customer service is available 24h/24 7d/7 using the contact form available on the Site under the heading "Contact"

ARTICLE 7: LEGAL AND COMMERCIAL GUARANTEES

All Products offered by the Seller are subject to the legal guarantee of compliance provided by law, and in particular articles L.217-4 and following of the Consumer Code, and to the guarantee of hidden defects provided for in articles 1641 and 1648, first paragraph, of the Civil Code.

Article L.217- 4 of the French Consumer Code states: The seller is obliged to deliver a good in accordance with the contract and is liable for any non-conformity existing at the time of delivery. He shall also be liable for any defects in conformity resulting from the packaging, the assembly instructions or the installation where this has been charged to him by the contract or has been carried out under his responsibility».

Article L.217-5 of the French Consumer Code states: In order to comply with the contract, the property must:
1) Being fit for the usual intended use of a similar good and, where applicable:
- correspond to the description given by the seller and possess the qualities which he has presented to the buyer in the form of a sample or model;
- present the qualities which a purchaser may legitimately expect in view of the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the knowledge of the seller and which the latter has agreed to".

Article L.217-12 of the Consumer Code states: "The action resulting from the failure to comply shall be prescribed after two years from the issue of the property."

Article 1641 of the Civil Code provides: “The seller is bound by the warranty by reason of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which diminish that use so much that the buyer would not have acquired it, or would have given it only a lesser price, if he had known it.”

Article 1648 of the Civil Code, first paragraph, states: "An action resulting from a defect must be brought by the purchaser within two years of the discovery of the defect."

If a Customer believes that it has received a Product that it considers to be defective or non-compliant, it shall:

    •    Indicate the defect or nonconformity on the delivery slip in the presence of the delivery person.
    •    Contact the Seller, within forty-eight (48) business hours of receipt of the Order, at the following email address: contact@scuderialtd.com or by registered mail with acknowledgement of receipt at the following address: 123, rue de Grenelle, 75007, Paris, France, specifying the defect or non-conformity in question.
It will be up to the Customer to provide any justification for the designation of apparent defects and/or anomalies observed. The Customer must leave to the Seller every facility to establish these defects or non-conformities and to remedy them if necessary. It will refrain from intervening on its own or involving a third party for that purpose.

If the defects and/or anomalies are confirmed by the Seller, the Seller will then send the Customer its instructions on how to proceed after having read the complaint so formulated and, if applicable, will replace the Product in respect of which the Seller has been required to establish a defect or defect.

In the event that exchange of the Product is not possible, the Seller shall be required to refund the Customer within fourteen (14) days of receipt of the Product. The refund will be made on the Seller’s proposal by credit on the Customer’s bank account, the Customer may opt for a different method of repayment than the one proposed.

ARTICLE 8: OBLIGATIONS OF THE PARTIES

8.1 Obligations of the Client

The Customer agrees to abide by the terms of these Terms.

The Customer agrees to use the Site in accordance with the laws and regulations in force.

The Customer agrees that it only uses the Site for its personal use, in accordance with these Terms and Conditions. In this regard, the Customer agrees to refrain from:

    •    To use the Site in any illegal way, for any illegal purpose or in any way incompatible with these Terms;
    •    To sell, copy, reproduce, rent, lend, distribute, transfer or sublicense all or part of the contents appearing on the Site or to decompile, debone, disassemble, modify, display in readable form by the Customer, attempt to discover any source code or use any software that activates or includes all or part of the Site;
    •    Attempt to gain unauthorized access to the Site’s IT system or engage in any disruptive activity, affecting the quality or interfering with the performance or degrading the functionality of the Site;
    •    To use the Site for abusive purposes by intentionally introducing viruses or any other malware and attempting to gain unauthorized access to the Site;
    •    To infringe the intellectual property rights of the Seller and/or to resell or attempt to resell the Products to third parties;
    •    To denigrate the Site, the Products as well as the Seller on social networks and any other means of communication.

If, for any reason, the Seller considers that the Customer does not comply with these Terms and Conditions, the Seller may at any time, in its sole discretion, remove its access to the Site and take all measures including any civil and criminal legal action against it.

8.2 Obligations of the Seller

The Seller shall ensure the strict application of the texts relating to the sale of Products to consumers.

The Seller undertakes to take all the care and diligence necessary for the delivery of quality Products in accordance with the practices of the profession and in full respect of the Customer’s personal interests and values.

The Seller undertakes to regularly inform the Customer of the progress of the delivery of the Order.
8.2 Obligations of the Seller

The Seller shall ensure the strict application of the texts relating to the sale of Products to consumers.

The Seller undertakes to take all the care and diligence necessary for the delivery of quality Products in accordance with the practices of the profession and in full respect of the Customer’s personal interests and values.

The Seller undertakes to regularly inform the Customer of the progress of the delivery of the Order.

ARTICLE 9: LIABILITY

The Seller shall implement all measures designed to ensure that the Customer receives, under optimal conditions, quality Products. However, in no case can he be held liable for any non-performance or poor performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and insurmountable fact of a third party foreign to the contract, or a case of force majeure. More generally, if the Seller’s liability were to be incurred, he could in no case agree to indemnify the Customer for indirect damages or whose existence and/or quantum would not be established by evidence.

The Site may contain links to other sites not edited or controlled by the Seller, who may not be held responsible for the operation, content or any element present or obtained through these sites.
The establishment of such links or the reference to any information, articles or products provided by a third person, cannot and must not be interpreted as an express or tacit endorsement by the Seller of these sites and these elements and their contents.

The Seller is not responsible for the availability of these sites and cannot control their content or validate the advertising, products and other information posted on these websites.

It is expressly stipulated that the Seller may in no case be held liable, in any way whatsoever, in the event that the computer equipment or the Customers' e-mail reject, for example due to an anti-spam, e-mails sent by the Seller, and in particular, without this list being exhaustive, the copy of the payment ticket, the summary status of the Order and the e-mail tracking the shipment.

The Customer is fully aware of the provisions of this article and in particular of the aforementioned guarantees and limitations of liability, essential conditions without which the Seller would never have contracted.

ARTICLE 11: INTELLECTUAL PROPERTY

All elements of the Site and the Site itself, are protected by copyright, trademark, design and/or other intellectual property rights. These elements are the exclusive property of the Seller. All these rights are reserved for the whole world.

The name, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Seller.

The name, logos, designs, stylized letters, figurative marks, and all signs represented on this Site are and will remain the exclusive property of the Seller.

No title or right to any element or software will be obtained by downloading or copying elements from this Site. It is strictly forbidden for the Customer to reproduce (except for its personal and non-commercial use), publish, edit, transmit, distribute, show, remove, delete, add to this Site and to the elements and software it contains, no more than modifying them or carrying out any work by taking them as a base, nor selling or participating in any sale related to this Site, the elements of this Site or any related software.

The Seller grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may in no case be assigned or transferred to any third party. The license is granted for the duration of use of the Site.

Any use by the Customer of the Seller’s distinct names, marks and signs is strictly prohibited except with the prior express consent of the Seller.

ARTICLE 12: INTEGRALITE

The provisions of these Terms and Conditions express the entire agreement between the Customers and the Seller. They shall prevail over any proposal, exchange of letters before and after the conclusion of this Agreement, as well as any other provision contained in the documents exchanged between the Parties and relating to the subject matter of the GTC, unless duly signed by the representatives of both Parties.

ARTICLE 13: NON-RECOGNITION

The fact that one of the Parties to these General Terms and Conditions does not require the application of any clause, whether permanent or temporary, may in no case be considered as a waiver of the rights of that Party arising from such clause.

ARTICLE 14: NULLITY

If one or more provisions of these General Terms and Conditions are held to be invalid or declared as such pursuant to any law, regulation or as a result of a final decision of a competent court, the other stipulations of these General Terms and Conditions will retain their full force and scope.

If applicable, the Seller undertakes to immediately delete and replace the said clause with a legally valid clause.

ARTICLE 15: TITLES

In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles shall be deemed unwritten.

 

ARTICLE 16: APPLICABLE LAW AND SETTLEMENT OF DISPUTES

These terms and conditions are governed and interpreted in accordance with French law, without taking into account the principles of conflicts of laws.

The Parties agree to submit, in the event of any dispute that may arise in connection with the interpretation and/or execution of this Site or in relation to this Site and/or any purchase and/or attempted purchase through it, a conventional mediation or other alternative dispute resolution process.

Any dispute that could not have been amicably resolved