Terms and Conditions
Applicable from 01/04/2020
The General Conditions of Sale are concluded on the one hand by the company "RED Z COMPANY", SAS with a capital of 1,000 euros registered with the RCS of Paris under the number 827 811 936, hereinafter referred to as "SURREAL MOTORSPORT EUROPE" (trade name ), and on the other hand by any natural or legal person wishing to make a purchase via the “surrealmotorsport.eu” website, hereinafter referred to as “the buyer”.
To see the legal notices of the "surrealmotorsport.eu" site, click on the "Legal notices" link at the bottom of the screen.
These conditions are intended for a consumer who has full legal capacity. These conditions apply to all orders that the "buyer" will place on this site.
We do our best to satisfy you. On this site, we present all the essential characteristics of the products offered. We will be attentive to the comments you send us (click on "contact us")
These general terms and conditions are presented in English.
1 The different steps to follow for the conclusion of the online contract
1.1 Order
Online: https://www. surrealmotorsport.eu
The buyer makes his selection of items by browsing the pages of the site. His selections are added to his basket when he clicks on ''add this product to the basket''. At any time of his navigation on the site, he can validate his order by clicking on ''validate my order''.
1.2 Validation of the contract
When the buyer clicks on ''confirm my order'', a confirmation message appears. It summarizes all the products and options selected.
The buyer must check in this order form all the information transmitted, and in particular all the elements useful for delivery (delivery address, digicode, telephone, etc.)
If he has not modified the form, the buyer will then take note of these conditions. If he accepts them, the buyer must tick the box "I have read the general conditions of sale and I accept them without reservation".
To continue his order, he will click on ''pay my order''.
After payment on our secure server (see ''payment''), an acknowledgment of receipt will be displayed. He confirms the registration of the order and informs the buyer that an electronic confirmation message will be sent to him as soon as possible.
1.3 Technical means of identifying and correcting errors
The buyer has the option at any time to identify and correct his errors made when entering his data. When he notices an error after the conclusion of the contract, he must contact us immediately. (click on "contact us").
1.4 Invoices
On request, the buyer may ask SURREAL MOTORSPORT EUROPE to provide him with an invoice for his purchases, which will be sent to him by email or by post.
2. Terms of archiving and access to the contract
SURREAL MOTORSPORT EUROPE archives contracts, purchase orders and invoices on a reliable and durable medium.
The buyer has a right of communication to these documents for orders of an amount greater than or equal to 120 €.
3. Legal and contractual guarantees
3.1 Legal guarantees
In accordance with the legal provisions in force relating to the conformity of the good with the contract, in terms of hidden defects (available in appendix 1 of these conditions), SURREAL MOTORSPORT EUROPE will refund, repair or exchange any product apparently defective, or not corresponding to the order. .
SURREAL MOTORSPORT EUROPE will also reimburse all return costs upon presentation of receipts.
The buyer has a period of eight days from the observation of the hidden defect to notify his reservations by registered letter.
Furthermore, SURREAL MOTORSPORT EUROPE can in no way be held responsible for any lack of conformity related to the transport of the product.
As such, the buyer must imperatively check the apparent condition of the products received in the presence of the delivery person. If necessary, the buyer must make reservations in writing on the delivery note, which he must have co-signed by the carrier.
The buyer has three calendar days to notify SURREAL MOTORSPORT EUROPE, who will then bear the cost of returning the damaged products.
3.2 Contractual guarantees
SURREAL MOTORSPORT products do not give the right to a specific contractual guarantee.
Only the legal guarantees are applicable (see paragraph 3.1)
3.3 Liability
SURREAL MOTORSPORT EUROPE does everything possible to satisfy you. We are responsible for the proper execution of these general conditions. Nevertheless, the responsibility of SURREAL MOTORSPORT EUROPE can not be engaged because of a fortuitous event, a case of force majeure, the unforeseeable and insurmountable fact of a third party to the contract (out of stock manufacturer, failure of one of our delivery service providers, etc.), or due to improper use of the product.
4. Delivery times, costs and methods
4.1 Terms of delivery
SURREAL MOTORSPORT EUROPE delivers the products to the address indicated in the order form, according to the conditions accessible by clicking on the "delivery conditions" link at the bottom of the page.
4.2 Delivery time
All information relating to delivery times is available by clicking on the "delivery conditions" link at the bottom of the page.
SURREAL MOTORSPORT EUROPE delivers the products ordered no later than the date indicated in the order confirmation message.
In the event of a delay in delivery, we will inform the buyer by e-mail as soon as possible and we will offer him a new delivery date.
The buyer may cancel his order if delivery has not taken place within 30 days of the delivery date indicated when confirming the order. His request must be made in writing.
SURREAL MOTORSPORT EUROPE will bear the return costs if the buyer has received their product after it has been cancelled.
SURREAL MOTORSPORT EUROPE may offer to combine orders on a single delivery date, if the buyer orders several products at the same time and they have different delivery dates.
In case of unavailability of a product, SURREAL MOTORSPORT EUROPE may, if necessary, offer the buyer an equivalent product.
4.3 Delivery costs
The delivery costs are different depending on the place of dispatch and are specified in the "delivery conditions" link.
4.4 Delivery tracking
The buyer may contact SURREAL MOTORSPORT EUROPE by email using the special form available by clicking on “contact us”.
He may also contact SURREAL MOTORSPORT EUROPE via the following telephone numbers: +33 (0)7 82 17 63 70 or +33 (0)6 27 74 56 35.
5. Price
The prices displayed on the site are the final prices including 20% VAT (excluding transport costs); no tax is to be added (except customs duties and any local taxes for delivery outside metropolitan France).
The payment of these duties and taxes are the responsibility of the buyer, and SURREAL MOTORSPORT EUROPE invites all buyers to inquire with the competent authorities of their country. The buyer must also check the possibilities of using the products ordered in the country of destination.
6. Methods of payment and means of security
6.1 Means of payment
You have several means of payment to pay for your purchases on zamp-helmets.com
- either by direct payment by card:
bank cards: Carte Bleue, Visa, MasterCard
This secure solution is offered by Stripe or PayPal.
- either by PayPal account:
In this case, the buyer must already have a PayPal account or create one for this transaction.
- either by bank check:
In this case, the check must be issued by a bank domiciled in metropolitan France or in the Principality of Monaco.
Bank check payable to "RED Z COMPANY" and addressed to "SURREAL MOTORSPORT EUROPE", 271 rue de la Vernade, 78630 Orgeval.
The cashing of the check is made upon receipt of the check. The shipment of the product(s) ordered is made upon receipt of the said check.
- either by bank transfer:
The buyer will then receive an email specifying our bank details.
When the choice of payment by bank check or bank transfer is chosen, payment must be made within 30 days of the date of the order. If not, SURREAL MOTORSPORT EUROPE reserves the right to cancel the order.
6.2 Security
By paying with Stripe or PayPal, you do not enter your card number on our commercial site, but on that of Stripe or PayPal.
Your financial information is never communicated to the recipients of the payment (here SURREAL MOTORSPORT EUROPE). Indeed, Stripe and PayPal encrypt and protect your card number. Pay online by simply entering your email address and password.
Payments via PayPal are subject to a security system, which adopts the SSL (Secure Soket Layer) protocol to encrypt credit card details. To protect you against a possible intrusion, PayPal does not store credit card numbers on its computer servers.
7. Satisfied or refunded: methods of exercising the right of withdrawal
In accordance with the legal provisions, within 14 days of receipt of your product, the buyer can exercise your right of withdrawal. He does not have to give reasons or pay a penalty. With the exception of the return costs, which remain at his expense, SURREAL MOTORSPORT EUROPE will reimburse him for all the sums paid at the latest within 14 days following his withdrawal. For this, the product concerned will have been returned in the state brand new and in its original packaging.
8. Duration of the contract and validity of the price.
The products remain the sole property of SURREAL MOTORSPORT EUROPE until full payment has been received by SURREAL MOTORSPORT EUROPE.
Our price offers are only valid within the double limit of the validity period of the offer concerned and available stocks.
Our offers of goods and prices are valid if they appear online on the site on the day of the order.
Attention: Article L. 121-18 of the Consumer Code provides that '' The duration of the validity of the offer and the price thereof '' must be included in the contract offer.
9. Applicable law / Competent jurisdiction
These conditions are subject to French law.
In the event of a dispute on the merits or on the form, the French courts will have sole jurisdiction.
Please note: Article L. 111-2 of the Consumer Code provides that the general conditions of use must provide "if necessary, the applicable contractual clauses relating to the applicable legislation and the competent jurisdiction".
10. Contact us / after-sales service
The buyer may contact SURREAL MOTORSPORT EUROPE by email using the special form available by clicking on “contact us”.
He may also contact SURREAL MOTORSPORT EUROPE via the following telephone numbers: +33 (0)7 82 17 63 70 or +33 (0)6 27 74 56 35.
11. Intellectual Property
The "SURREAL MOTORSPORT" brand is the exclusive property of the company:
Metropolis Media Group
9663 Santa Monica Blvd #1268
Beverly Hills CA 90210
USA
12. Personal information
See “Legal notices”.
Appendix 1: Provisions of the Consumer Code concerning the legal guarantee of conformity
Article L211-4
The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.
Article L211-5
To be in conformity with the contract, the good must:
1° Be suitable for the use usually expected of a similar item and, where applicable:
- correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model;
- present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
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 seller's attention and which the latter has accepted.
Article L211-6
The seller is not bound by the public declarations of the producer or his representative if it is established that he did not know them and was not legitimately able to know them.
Article L211-7
The defects of conformity which appear within six months from the delivery of the goods are presumed to exist at the time of delivery, unless proven otherwise.
The seller can challenge this presumption if it is not compatible with the nature of the goods or the lack of conformity invoked.
Article L211-8
The buyer is entitled to demand that the goods conform to the contract. He cannot, however, contest conformity by invoking a defect which he knew or could not ignore when he contracted. The same applies when the defect has its origin in the materials supplied by him.
Article L211-9
In the event of a lack of conformity, the buyer chooses between the repair and the replacement of the good.
However, the seller may not proceed according to the choice of the buyer if this choice entails a manifestly disproportionate cost with regard to the other method, taking into account the value of the good or the importance of the defect. He is then required to proceed, unless this is impossible, according to the method not chosen by the buyer.
Article L211-10
If the repair and replacement of the good is impossible, the buyer can return the good and have the price refunded or keep the good and have part of the price refunded.
The same option is open to him:
1° If the solution requested, proposed or agreed pursuant to Article L. 211-9 cannot be implemented within one month following the buyer's complaint;
2° Or if this solution cannot be without major inconvenience for him given the nature of the property and the use he is looking for.
However, the resolution of the sale cannot be pronounced if the lack of conformity is minor.
Article L211-11
The application of the provisions of articles L. 211-9 and L. 211-10 takes place at no cost to the buyer.
These same provisions do not preclude the award of damages.
Article L211-12
The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.
Article L211-13
The provisions of this section do not deprive the buyer of the right to exercise the action resulting from redhibitory defects as it results from articles 1641 to 1649 of the civil code or any other action of a contractual or extra-contractual nature which is recognized to him. by the law.
Article L211-14
The recourse action may be exercised by the final seller against successive sellers or intermediaries and the producer of the tangible movable property, according to the principles of the Civil Code.
Appendix 2: Provisions of the Civil Code concerning the warranty against latent defects
Article 1641
The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer would not have acquired it, or does not would have given a lesser price, if he had known them.
Article 1642
The seller is not liable for apparent defects of which the buyer has been able to convince himself.
Article 1642-1
The seller of a building to be built cannot be discharged, neither before acceptance of the works, nor before the expiry of a period of one month after the purchaser takes possession, of construction defects or defects of conformity then apparent.
There will be no need to rescind the contract or reduce the price if the seller undertakes to repair.
Article 1643
He is liable for hidden defects, even if he was not aware of them, unless, in this case, he has stipulated that he will not be bound by any guarantee.
Article 1644
In the case of articles 1641 and 1643, the buyer has the choice of returning the thing and having the price refunded, or keeping the thing and having part of the price returned, as it will be arbitrated by experts. .
Article 1645
If the seller was aware of the defects of the thing, he is liable, in addition to the restitution of the price he received for it, for all damages towards the buyer.
Article 1646
If the seller is unaware of the defects of the thing, he will only be required to refund the price, and to reimburse the purchaser for the costs incurred by the sale.
Article 1646-1
The seller of a building to be built is bound, from the date of acceptance of the works, of the obligations which the architects, contractors and other persons linked to the client by a contract of lease of work are themselves bound in application of articles 1792, 1792-1, 1792-2 and 1792-3 of this code.
These guarantees benefit the successive owners of the building.
There will be no reason to rescind the sale or reduce the price if the seller undertakes to repair the damage defined in articles 1792, 1792-1 and 1792-2 of this code and to assume the guarantee provided for in article 1792-3.
Article 1647
If the thing that had defects has perished as a result of its poor quality, the loss is for the seller, who will be liable to the buyer for the restitution of the price and for the other compensations explained in the two preceding articles.
But the loss happened by fortuitous event will be for buyer's account.
Article 1648
The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.
In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity.
Article 1649
It does not take place in sales made by authority of justice.