Terms and conditions of sale

Preamble
These terms and conditions of sale apply exclusively between the SAS  (simplified joint-stock company) FIRST ON TRACK located at Les Hautes Garrigues, Villars, BP 90159, 84405 APT Cedex, RCS Avignon no. 451678445. All Internet users can read the Terms and Conditions of Sale on the website (hereafter referred to as the "Site"). As these Terms and Conditions of Sale are subject to modification, the applicable conditions are those published on the Site on the date when the order is placed

Article 1: Orders


2.1 Conditions for placing an order: The customer declares that they are at least 18 years old and that they have legal capacity or parental authorisation enabling them to place an order via the Site.
2.2 Orders: Once an order has been placed, “First on track” sends an email confirming the reservation. A further email will be sent to confirm that the items have been dispatched.

Article 2: Prices


The prices displayed on the Site are given in euros and include all French taxes (French VAT and any other applicable taxes). “First on track” accepts orders subject to available stock. “First on track” provides information about the availability of the items sold on the information page for each item. If the customer chooses to pay by cheque, the order will only be confirmed once the cheque is received and cashed. If items are unavailable despite our vigilance, “First on track” will inform the customer by email as soon as possible.
If a product is unavailable, “First on track”  will offer a replacement item of an equivalent quality and price. If “First on track”  is unable to provide an item of an equivalent quality and price or the customer refuses the equivalent product, the order will be cancelled.
Track days include: the right to enter the circuit and its facilities, access to the track, advice on riding and mechanics, lap times (in the absence of provisions to the contrary due to the circuit and/or the organising partner), coffee and, at certain circuits, catering.

Article 3: Payment


The customer may pay by bank card, cheque or bank transfer. Cards issued by banks based outside France must be international bank cards. Payment by cheque is only possible with cheques in euros drawn on a bank headquartered in France or Monaco. For payments by cheque for participation at events organised by “First on track”, the cheque is cashed 21 days before the date of the event.
Only receipt of the cheque, bank transfer or card payment confirms registration for the event.
Cheques must be made payable to First-on-track, and sent to: SARL Genous Team, 248 avenue Philippe de Girard, 84400 Apt, France.
Customers registering for several days or courses at the same time can send several cheques. In this case, the cheques will only be cashed 10 days before each even
If the customer cancels less than 21 days before the date of the event, no refund will be payable.
If the customer cancels 21 days or more before the date of the event, a cancellation fee of 30 euros will be payable by the customer.

Article 4: Event organisation


Bad weather and storms during the event do not entitle the customer to a refund. 
Similarly, no refund will be payable if the customer is unable to participate or continue participating in the event due, for example, to an accident, whether it was the customer's fault or not, or a mechanical defect.
“First on track” cannot be held liable for any accidents suffered by customers or their accompanying persons, either physical or material, or for any thefts or disputes that may occur during the event.
“First on track”  reserves the right to cancel or suspend the event if safety conditions are not met. No refunds are payable in the event of such a cancellation or suspension.
For safety reasons, “First-on-track” may require a participant to change category.

“First-on-track” reserves the right to exclude any participant whose behaviour does not comply with the circuit's rules and safety instructions, including flags shown by track stewards. No refunds are payable in the event of such an exclusion.

Random alcohol testing and saliva tests to detect cannabis are carried out to ensure everyone's safety and the quality of the atmosphere during the day. A positive test leads to exclusion from the day with no refund.


Access to the circuit may be refused to any machine not suited to track use and to any rider without the equipment necessary for their safety (approved helmet, leathers, gloves and boots in good condition).


In particular, each participant must ensure their vehicle's exhausts comply with the noise limits of the circuit where the event is taking place. For example, at the Alès circuits motorcycles with noise levels above 95 decibels will not be accepted; the limit is 102 decibels at the Le Castellet circuit. This information is provided solely as an example, and each customer must check the standard in force at each circuit.
To access the track, the customer must sign a disclaimer and present either a valid FFM licence or third party, traffic, training and leisure insurance.
The customer must also present either the original of their valid driving licence for the machine they wish to use or a CASM certificate issued by the French Motorcycle Federation.
All participants in track days, courses and VIP packages consent to their image being used on the “First-on-track” website or the photographer's website, but retain the right to have them removed if they consider that the photo(s) breach(es) their privacy.

Article 5: Insurance


In the 2014 season, the FFM decided to modify the terms of application of the basic guarantee provided by the licence's third party insurance (contract no. 120135.389/Covea Risk) as follows:  "training sessions are reserved solely for holders of a valid licence (or equivalent document) issued by the FFM or another federation belonging to the International Motorcycling Federation" (source: FFM 2014 licence insurance document). Aware of the risks all our customers run, we have decided that from 2014, all our participants would be covered by third party insurance at our expense, whether or not you are FFM licensed. To ensure we can offer a product corresponding to the specific requirements of our passion, we have chosen the Berkley insurance company, well known in the market, as our partner. We strongly emphasise that it is highly advisable to take out additional individual accident insurance that will cover you against accidental injuries, which may have severe consequences for you. The FFM licence remains a good product in terms of individual accident insurance. For non-licence-holders, we also offer the option of taking out Individual Accident insurance for 15 euros per day of riding, available from their respective websites or on the morning of the track day.

Article 6: Acceptance of risk


The customer accepts the risks inherent in circuit-based motor sports, including the risk of injury or damage to equipment.

Article 7: Licence to access the Site


“First on track” grants a limited licence to access and use the Site for the customer's personal use. The customer is not authorised to download or modify any part or all of the Site without the express written permission of “First on track”. This licence does not entail a right to sell or use for any commercial purpose the Site or its content (products listed, descriptions, prices, downloads or copies of the information on behalf of other traders, use of data, software, sound clips, graphics, images, text, photographs or tools). The reproduction, copying, sale or exploitation of the Site or any part of the Site for commercial reasons is prohibited without the express written permission of “First on track” . The customer may not use any techniques to copy a trademark, logo or any other information (including images, text and layouts) owned by “First on track” without express written permission. The customer may not use meta tags or any other "hidden" text containing the company's name or trademark without the express written permission of “First on track” . Any unauthorised use terminates the licence granted. “First on track” provides non-exclusive, revocable authorisation to create a hyperlink pointing to the Site's home page as long as this link does not create a misleading, false or pejorative association with “First on track” companies in the group or products or services or cause any harm to “First on track” . The creation of such a hyperlink can never create a binding obligation on “First on track”, under any terms. Any use of the “First on track” logo, trademark or graphics requires the express written permission of “First on track” .

Article 8: Personal information and data protection

It is possible to unsubscribe from our newsletter at any time.
FIRST-ON-TRACK.COM does not obtain information enabling you to be identified personally unless you send us such information by completing the forms available on FIRST-ON-TRACK.COM (blog, newsletter and registration forms).
All the information you send us, either by entering it directly or by other means, is considered non-confidential and can be freely used and divulged exclusively by FIRST-ON-TRACK.COM. In particular, for technical purposes (data migration, service updates, database operations, hardware changes, data backups or restores, preventive or curative maintenance etc.), we inform you that all your data is considered non-confidential and can be freely used exclusively by FIRST-ON-TRACK.COM.
No commercial use may be made of the data collected without the prior agreement of FIRST-ON-TRACK.COM.
In accordance with article 34 of the French data protection act (no. 78-17 of 6 January 1978), you have the right to access, modify, correct and delete any information held about you by contacting us. CNIL (French data protection commission) declaration number 1037805.
FIRST-ON-TRACK.COM reserves the right to collect IP addresses and use them to identify web users when obliged to do so by a judicial authority, the police or any administrative authority authorised by the law or to identify web users who contravene the terms and conditions of use of FIRST-ON-TRACK.COM and the associated services. In such cases, we will be able to transmit your IP address to the competent authorities

Article 9: Limitation of liability and law applicable to the site


The user uses the site at their own risk.  FIRST-ON-TRACK.COM can never be held liable for any direct or indirect damage (including material or moral damage, loss of data or software, financial losses etc.) resulting from accessing or using FIRST-ON-TRACK.COM.
The content of the site is presented with no guarantees of any kind with regard to areas such as but not limited to interruption of service, quality, errors or service reliability.  No information, either written or oral, you obtain from FIRST-ON-TRACK.COM or through the use of FIRST-ON-TRACK.COM can create any guarantees.

Article 10: Jurisdiction


The terms and conditions are governed by and will be interpreted in accordance with French law.
Any disagreements, difficulties of interpretation or application or disputes regarding the terms and conditions will be subject to the exclusive competence of the courts in the jurisdiction of the Paris Court of Appeal, even if there are multiple defendants.