The Right Sim Company (hereinafter “The Right Sim”), operates a website (hereinafter “the Platform”) allowing individuals and professionals (hereinafter “the Buyers”) to be put in touch. with professional sellers (hereinafter “the Sellers”) for the online purchase of products falling within the universe of Simracing (hereinafter “the Products”).
This Platform is accessible to all Buyers under the url www.therightsim.com (hereinafter “therightsim.com”).
It is recalled that The Right Sim acts as a simple intermediary and is in no way a reseller of the Products offered by the Sellers within the Platform. The Right Sim acts as a trusted third party during the payment process.
The majority of the Products are dispatched and delivered to the Buyers by the Sellers, under their sole responsibility. Some Products are shipped by The Right Sim.
ARTICLE 1: ACCEPTANCE AND MODIFICATION OF THE GENERAL CONDITIONS OF USE
The General Conditions of Use of the Platform (hereinafter the “T & Cs”) are intended to define the conditions of access and use of the Platform and its Services.
Any use of the Platform and the Services implies the prior, express and unreserved acceptance by the purchaser of the T & Cs. The Purchaser is informed and acknowledges that by clicking, when creating his Customer Account, on the “Registration” button preceded by the words “I have read and I accept the General Conditions of Use”, he is bound by all the provisions of the T & Cs.
The Right Sim reserves the right, at any time, to refuse access to the Platform, unilaterally and without prior notification, to any Buyer who does not comply with these T & Cs.
The Buyer is informed that the Platform Terms and Conditions may be modified at any time, unilaterally by The Right Sim in order in particular to comply with any changes to its Services or any legal, jurisprudential, editorial and / or technical changes.
The Right Sim undertakes to inform the Buyer of changes to the Services and / or the T & Cs by email or through a special notice posted on the Platform.
The T & Cs applicable to each Order placed within the Platform are those accessible online at the time of acceptance of the Order by the Buyer and attached to the Order confirmation email received by the Buyer.
The Purchaser is reminded that it is their responsibility to consult the latest version of the T & Cs available on each page of the Platform before any new Order.
ARTICLE 2 – DEFINITIONS
Order: means any purchase of a Product by a Buyer from one or more Sellers through the Platform.
Personal Account: refers to the personal space of the Purchaser in which the Purchaser can access, after identifying himself, his personal information and purchase history.
Seller page: refers to the sheet summarizing all the information relating to the Seller, within which his shop and its presentation are notably accessible. The information presented is: the seller’s contact, his location, his company name, the description of his shop, the particular conditions of return and his guarantees.
Product page: refers to the descriptive sheet of each Product marketed within the Platform, made up of photographs, texts, illustrations, images, and / or videos sent by each Seller to The Right Sim for the description of the Products it sells.
Identifiers: designate the email address and password chosen by the User allowing their identification and access to The Right Sim Services.
Basket: refers to the location allowing the User to select Products for an Order.
Partners: refers to any legal entity with which The Right Sim has entered into a partnership.
Price: means the total price of the Product including all taxes, payable by the Purchaser, not including the shipping costs defined on a flat-rate basis according to the shipping method.
Services: refers to all the functionalities made available to Users by The Right Sim and available within the Platform.
User: refers to any person who uses the Platform or its Services.
ARTICLE 3 – TERMS AND CONDITIONS OF ACCESS TO THE PLATFORM
3.1. GENERAL INFORMATIONS
The Platform is accessible free of charge to any User at the address “www.therightsim.com”. The User must have internet access.
All software and hardware necessary for the use and operation of the Platform Services, or internet access, are the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment and his internet access.
The purchase of Products from Sellers is chargeable in accordance with the article “financial provisions” of these T & Cs of the Platform.
Any User can access, consult or use all or part of the Platform. Any User can also subscribe to The Right Sim newsletter.
To be able to buy Products on the Platform, the User must be:
- a natural person, over 18 years of age and, more generally endowed with the capacity to contract;
- a legal person, of which the person authorized to represent it must mention: valid information relating to its identity (surname / first name), its company name, its SIRET or identification number, the address of its registered office, its phone number and email address.
3.2. CREATION OF A PERSONAL ACCOUNT
To be able to buy Products on the Platform, the User must create a Personal Account.
The creation of a Personal Account allows the User to:
- manage personal information (postal address, email address, password);
- place an Order for Products on the Platform;
- contact the Sellers with whom an order has been placed;
- contacting The Right Sim customer service;
- request an invoice;
- rate the Products and Sellers.
The User can create a Personal Account:
- by clicking on the “Registration” tab
To create his Personal Account, the User must enter a valid e-mail address and a password which do not infringe the rights of third parties. He agrees to keep his password confidential.
The User can request the deletion of his Personal Account at any time.
3.3 REFUSAL OF ACCESS TO THE PLATFORM
In general, when creating his Personal Account, the User undertakes to enter the data which allow his identification under his full responsibility, control and direction and undertakes to communicate complete, accurate and up-to-date information, and not to usurp the identity of a third party, nor to hide or change their age.
The User also agrees to:
- provide authentic, accurate and complete information as to his identity, address and other data necessary for access to the Platform, such as not to mislead The Right Sim or the Sellers or any third party in error;
- update any modification concerning this information;
- not to access a Personal Account belonging to another User;
- take all the necessary measures to protect their usernames and passwords as well as their own data against any attacks.
The Right Sim reserves the right to suspend or refuse access, without notice or compensation, temporarily or permanently, to all or part of the Platform, and / or its Services and content in the event of a serious violation (s). (s) and / or repeated by the User of the stipulations of these T & Cs, in particular, and without this list being exhaustive, in the event of false, inaccurate, incomplete or outdated information being provided, or in the event of payment fraud, attempted fraud or any other criminal offense.
3.4. AVAILABILITY OF THE PLATFORM
The Right Sim makes its best efforts to ensure the availability of the Platform. The Right Sim does not guarantee that the Platform will function in any operating environment and that it will be usable at all times, without interruption or error, nor that all errors can be corrected. The availability of the Platform is subject to a simple obligation of means.
As the Platform is constantly evolving, it is subject to occasional changes and / or temporary or permanent interruptions without notice, in particular for maintenance reasons. The responsibility of The Right Sim can in no way be engaged in the event of the Platform being unavailable as a result of these changes.
In this context, The Right Sim reserves the right to interrupt, temporarily suspend or modify without notice access to all or part of the Platform, in order to ensure its maintenance, or for any other reasons, without the interruption does not give rise to any right to any obligation or compensation.
ARTICLE 4 – USER BEHAVIOR
4.1. GENERAL BEHAVIOR OF USERS
The User declares and acknowledges that all information, data, texts, messages or all other content that he publishes on the Platform (hereinafter “Contributions”) are under his full and sole responsibility.
The User undertakes not to publish any Contributions contrary to the laws and regulations in force.
In particular, the User is prohibited from:
- disseminate information contrary to public order or good morals,
- to divert the purpose of the Platform and / or the Services to carry out propaganda or proselytism, prospecting or soliciting,
- publish information of a commercial, advertising or propaganda nature in favor of tobacco, alcohol, or any other regulated substance, product or service,
- disseminate Contributions that violate the personality rights of third parties or are defamatory, abusive, obscene, pornographic, offensive, violent or inciting discrimination, political violence, racist, xenophobic, sexist or homophobic,
- to publish information that contravenes the legislation on the protection of personal data allowing the identification of natural persons without their consent, in particular their surname, postal and / or electronic address, telephone, photograph, sound or audiovisual recording, or of collect and store personal data relating to other Users,
- fraudulently access the Platform and the Services, as indicated in the General Conditions of Use of the Platform,
- transmit any message containing computer viruses or any other code, file or program designed in particular to interrupt, destroy or limit the functionality, in particular of any software, computer, or telecommunications tool,
- harass in any way whatsoever another or several other Users,
- to provide information referring to other sites (whether by the creation of hypertext links or by the simple provision of information) whose content would be likely to contravene any law or regulation in force, and in particular would be likely to infringe the rights of persons and goods and / or intellectual property rights.
The User also refrains from infringing the intellectual property rights of third parties. The User undertakes to respect the laws and regulations in force and to use only content for which he has the rights, or for which the rights holder has given his express consent for their distribution, or which are free to use. straight ahead.
The User agrees, where applicable, to indemnify The Right Sim for any damage directly or indirectly related to non-compliance with this guarantee.
4.2. FRAUDULENT BEHAVIOR
Any User who acts in fraud of these General Conditions of Use is exposed to civil and criminal proceedings which punish in particular infringements of copyright, neighboring rights, the rights of database producers and systems of automated data processing.
Proceedings may be initiated by The Right Sim against the User who does not comply with these provisions.
ARTICLE 5 – ORDERING PROCESS
The Order process within the Platform takes place according to the following steps, for Products in stock or on pre-order.
- To order a Product, the User must select the desired Product and click on the “Add to cart” tab. He can add other Products or finalize his Order by accepting these General Conditions of Use and clicking on “Proceed to payment”. At each step, the User has a summary of his basket.
- The User must then enter his information relating to the delivery: last name, first name, delivery address, email address and telephone number. To continue with his Order, the User must click on the “Continue to shipping method” button.
- At this step, the User must select the desired shipping method. To continue with his Order, the User must click on the “Continue to payment method” button.
- The User must then enter his payment information, his billing address (by default the delivery address) and click on the “Pay now” or “Confirm payment” button depending on the selected payment method.
- When payment for his Order is validated, the Buyer is redirected to an Order confirmation page and receives an Order confirmation email.
The sales contract is formed between the Buyer and the Seller at the time of payment by the User for his Order.
ARTICLE 6 – FINANCIAL PROVISIONS
6.1. SALE PRICE AND TERMS OF PAYMENT
The selling prices of the Products on the Platform are indicated in euros, all taxes included, but do not include the delivery costs which will be indicated to the User during the purchase process, before the final validation of his Order.
Shipping costs apply and taxes and customs duties are the responsibility of the buyer. The delivery provider, the associated costs and services are freely defined by the Seller.
The Sellers freely set the prices of the Products they market through the Platform. More particularly, in the event of price reduction announcements, the Seller freely determines the reference price, the price reduction and the reduced price announced. The User is informed that The Right Sim does not control the reality and fairness of the reference price determined by the Seller.
The Buyer pays for their Orders directly with The Right Sim, according to the payment terms available on the Platform.
Payment for Orders placed through the Platform is made to The Right Sim or to payment providers, who collect the funds on behalf of the Seller.
Any Order from a Buyer who has not fully or partially paid for a previous Order or with whom a payment dispute is being administered may be refused.
Payment in installments with Alma
Installment/deferred payment is available through our partner Alma. Payment security is provided by Alma and its service providers. All payments are protected by 3D Secure.
Amount of purchases
P2X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P3X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
P4X: Only purchases between €50 and €2,000 are eligible for payment with Alma.
By paying in installments with Alma, the Customer does not pay any fees.
Alma is a tele-payment manager and issues an electronic certificate which will serve as proof of the amount and date of the transaction in accordance with the provisions of articles 1316 and following of the French Civil Code.
Any termination of the T&Cs which bind the Seller and the customer, entails the termination of the T&Cs between Alma and the customer.
For each sale of a Product, the Buyer may request an invoice by sending an email to email@example.com
In the context of a delivery outside mainland France, the provisions of the General Tax Code relating to VAT apply. The Order will then be subject to customs duties and any taxes, for which The Right Sim will neither be responsible, nor in charge of the terms.
6.3. PURCHASER’S REFUND TERMS
When a refund has been made between the Seller and the Buyer, The Right Sim uses the same means of payment as the one that the Buyer used when placing his Order to reimburse the Buyer, regardless of the reason for refunding the Order.
ARTICLE 7 – DELIVERY OF PRODUCTS BY SELLERS
7.1. SHIPPING COST
Shipping costs apply and taxes and customs duties are the responsibility of the buyer.
7.2. DELIVERY TERMS
The Buyer is informed that the Products can only be delivered to him if:
- the Seller offers delivery to the country of destination indicated in the delivery address by the Buyer when ordering
- the Buyer has a valid delivery address in the country of destination indicated in the delivery address by the Buyer when ordering
The Products are delivered by the Seller to the address indicated by the Buyer when ordering.
7.3. RECEPTION OF PRODUCTS
The Buyer must check the condition of the Products upon receipt in order to confirm their compliance with the Order.
7.4. DELAY / ABSENCE OF DELIVERY
In the event of delay, total or partial non-receipt of the Product (s) ordered, the Buyer is invited to contact The Right Sim by email at firstname.lastname@example.org from the date agreed delivery time to deal with the problem
7.4. SELLER’S RESPONSIBILITY
The Seller is fully responsible to the Buyers for the execution of Orders placed through the Platform and in particular for the proper delivery of the Products by its carriers.
Consequently, the Seller is fully responsible towards the Buyers for any problem related to the delivery (late delivery, error on the Product delivered, breakage of the Product during transport, Product never delivered due to theft. , an error of the Seller and / or the carrier he called upon, etc.), except in the event of an error attributable to The Right Sim when communicating the Order information to the Seller.
7.5. PRODUCT RETURNED TO SELLER
If a Product is returned to the Seller for a reason such as “unclaimed” or “does not live at the address indicated”:
- the Buyer is reimbursed for the price of his Order (excluding the cost of returning the Product); and or
- if the Buyer and Seller agree, the Product is returned to the Buyer.
- Return and reshipment costs will be borne by the Buyer or the Seller, depending on the Seller’s general conditions of sale
At the expiration of a period of one month without news from the Buyer, the Products will no longer be shipped, without this giving rise to the right to refund, exchange or compensation.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The Buyer has a period of fourteen (14) calendar days from the date of delivery of the Product to exercise his right of withdrawal without having to justify reasons or pay penalties. Return costs are the responsibility of the Buyer.
The Products must be in their original condition, and without any trace or mark. The condition of the product must meet the quality standards described in the Seller’s general conditions of sale.
Each refund will be made through The Right Sim in agreement with the Seller.
ARTICLE 10 – NON-CONFORMING, INCOMPLETE OR DEFECTIVE PRODUCTS
10.1. RECEIPT OF A NON-COMPLIANT, INCOMPLETE OR DEFECTIVE PRODUCT
In the event of receipt of a damaged, defective, incomplete or non-compliant package, the Buyer is invited to contact the Seller in order to deal with the problem.
10.2. LEGAL GUARANTEES
The Seller acting in a professional capacity undertakes to comply with the legal and regulatory provisions relating to the exercise of a commercial distance selling activity.
As such, and with the exception of the contractual guarantee offered, the Seller is bound by the legal guarantee of conformity mentioned in Articles L. 217-4 et seq. Of the French Consumer Code and the legal guarantee against hidden defects such as provided for in Articles 1641 to 1648 and 2232 of the French Civil Code.
Each refund, for any reason whatsoever, will be made through The Right Sim, who will be entitled to refuse it, in agreement with the Seller.
The Right Sim cannot be bound in any way whatsoever in the guarantees assumed by the Sellers.
ARTICLE 11 – NEWSLETTER
Any User who does not have a Personal Account who wishes to receive The Right Sim newsletter must register online. To subscribe to the newsletter, the User must enter his email address in the corresponding field.
ARTICLE 12 – INTELLECTUAL PROPERTY
12.1. CONTENT OF THE PLATFORM
Any use, reproduction, copy, distribution of one or more elements of the Platform for any use other than private use is prohibited.
All the contents and Services of the Platform, including without limitation, the domain name, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the design and organization of its sections, their titles, existing or future, are protected by intellectual and / or industrial property rights, owned or claimed by The Right Sim, with the authorization of the holders of these rights, and where applicable of the Sellers and / or their Partners.
The Right Sim grants any User, on a non-exclusive, personal and non-transferable basis, the right to use the Platform and the Services for their sole purposes. This right is granted for the duration of the Use of the Platform. This concession of rights does not entail the transfer of any intellectual and / or industrial property rights for the benefit of the User.
Consequently, any User is prohibited from reproducing in any form whatsoever, directly or indirectly, the elements referred to in the preceding paragraphs, as well as altering the brands, patents, names, acronyms, logos, colors, graphics or other signs appearing on the elements made available by The Right Sim and more generally to use or exploit these elements.
12.2. DATA BASE
The Right Sim is the producer and owner of all or part of the databases, their structure and their content, making up the Platform, subject to the rights held by the Sellers and / or Partners, each as far as it is concerned.
By accessing the Platform, the User acknowledges that the data composing it are legally protected, and that they are prohibited in particular from extracting, reusing, storing, reproducing, representing or conserving, directly or indirectly, on any medium whatsoever. , by any means and in any form whatsoever, all or part qualitatively or quantitatively substantial, of the content of the databases appearing within the Platform to which it accesses, as well as to extract or repeatedly reuse it and systematically of qualitatively and quantitatively insubstantial parts, when these operations manifestly exceed the conditions of normal use.
The Right Sim notably holds trademark rights to the term “The Right Sim” and the associated logo (s) in Metropolitan France. Unless expressly authorized in advance, any use of the trademark “The Right Sim” as well as all other trademarks, figurative or not, belonging to The Right Sim or to third parties exposes the User to criminal and civil proceedings.
12.4. CONTENTS OF THE PRODUCT SHEETS
The contents of the Product Sheets, including in particular all the photographs, texts, illustrations, images, and / or videos describing the Products marketed within the Platform, are put online by the Sellers under their sole responsibility.
The Right Sim therefore declines any responsibility in the event that the contents of the Product Sheets provided by the Sellers infringe the rights of third parties.
In the event of a proven infringement of the rights of a third party due to the publication of all or part of a Product Sheet on the Platform, The Right Sim undertakes to make its best efforts to promptly end this infringement, as soon as it has been brought to its attention, and remove the contentious content from the Platform.
ARTICLE 13 – ROLE AND RESPONSIBILITY OF THE RIGHT SIM
The Right Sim, as a Platform operator, acts as a simple intermediary for connecting Sellers and Users on the Platform.
In application of the law n ° 2004-575 of June 21, 2004 for the confidence in the digital economy (hereinafter the “LCEN”), in its capacity of host, The Right Sim cannot see its engaged civil liability. because of the activities or information stored within the Platform if it is not effectively aware of their unlawful nature or of facts and circumstances showing this nature or if, from the time it became aware of them, under the conditions provided for by the LCEN, it acted promptly to remove this data or make it impossible to access it.
Consequently, the responsibility of The Right Sim cannot be engaged due to:
- Product Sheets and Sellers Pages, and more broadly all the content and / or information provided by Sellers both on the characteristics of the Products, as well as on their condition or their price, the Sellers being solely responsible for the proper execution of their legal obligations of pre-contractual information to Buyers as well as the veracity, completeness and updating of the information and content it provides, except proven fault of The Right Sim.
In addition, The Right Sim is not subject to a general obligation to monitor information transmitted by Sellers and stored within the Platform on their behalf.
Finally, it is recalled that:
- the Products are marketed by the Sellers within the Platform under their sole responsibility;
- The Right Sim is not a party to the sales contract concluded between Buyers and Sellers when placing Orders.
Consequently, The Right Sim can not be held responsible for any disputes in connection with Orders placed through the Platform, except proven fault.
The Right Sim declines all responsibility:
- in the event of deletion, impossibility of storage, incorrect transmission or untimely transmission of information or data appearing on the Platform or resulting from the Services;
- in the event of damage caused to the User related to the performance or non-performance of the Platform Services;
- in the event of damage likely to result from the downloading or use of information or data available on the Internet via the Platform Services, such as damage to computer systems, loss of data.
ARTICLE 14 – PERSONAL DATA
When browsing the Platform and using the Services offered therein, personal data about Users is collected and processed by The Right Sim.
For more information on the processing of personal data carried out in this context, you can consult our data protection policy.
ARTICLE 15- REPORTING CONTENT
The Right Sim has set up a system allowing any User to bring to his attention any publication on the Platform of a contentious nature of which he is aware, in particular any content relating to the repression of the apology for crimes against humanity, to the incitement to the commission of acts of terrorism and their apology, incitement to racial hatred, to hatred towards people because of their sex, their sexual orientation or identity or their disability as well as child pornography, incitement to violence (including incitement to sexual and gender-based violence), as well as attacks on human dignity, in order to allow the content in question to be removed.
Any User can also ask The Right Sim to remove content protected by intellectual property rights.
To request the removal of content, the User must send a letter to the legal department of The Right Sim SAS at the address 56 rue Faraday, 59800 Lille, in which he provides the following information:
- for natural persons: their last name, first name, domicile and telephone number;
- for legal persons: their name, company name, address, telephone number and the identity of their legal representative;
- the description of the contentious content;
- the reasons for the contentious content, including the mention of legal provisions and justifications of facts;
- the date on which the contentious content was noted;
- the URL address of the contentious content.
It is recalled that the fact, for any person, to present to a host a content or an activity as being illegal in order to obtain the withdrawal or to stop the distribution, when he knows this information is inaccurate , is punished by one year’s imprisonment and a fine of 15,000 euros.
ARTICLE 16 – GENERAL PROVISIONS
Any notification from a User, to be admissible, must be detailed, clearly indicate the reasons for the dissatisfaction and be sent to The Right Sim by letter, by e-mail or via his Personal account.
The parties cannot be held liable for any delay or non-performance when they are linked to a case of force majeure, as defined by the texts or, more generally, by constant case law.
The fact that any clause of the General Conditions of Use becomes null, unenforceable, null and void, illegal or inapplicable as a result of a law, a regulation or following a court decision, cannot call into question the validity, legality, and applicability of the other stipulations of the T & Cs and will not exempt the User from the performance of his non-invalidated contractual obligations.
ARTICLE 17 – DISPUTES AND APPLICABLE LAW
These T & Cs of the Platform are governed by French law. They are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Pursuant to article L 141-5 of the Consumer Code, the consumer can seize at his choice, in addition to one of the jurisdictions having territorial jurisdiction under the Code of Civil Procedure, the jurisdiction of the place where he was living at the time of the conclusion of the contract or the occurrence of the harmful event.
APPENDIX 1 – WITHDRAWAL FORM
Please complete and return this form only if you wish to withdraw from this contract.
For the attention of [Indicate the name and address of the Seller, as shown on the order confirmation]
I / We (*) hereby notify / notify you of my / our (*) withdrawal from the contract for the sale of the property below:
Ordered on / Received on (*)
Name of consumer (s)
Address of consumer (s)
Signature of consumer (s) (only if this form is notified on paper)
(*) Remove the useless phrase
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