Terms of Sales

ARTICLE 1 - PRELIMINARIES

1.1. Scope

These general conditions of sale (hereinafter “CGV”) apply to all sales and reservations made either via the site www.mercury-silver.myshopify.com published by the company MERCURY SILVER with a user registered on the Site , either after making contact by telephone or directly by email, (hereinafter the “Client”), or designated individually or collectively the “Party” or “Parties”.

The fact that MERCURY SILVER does not avail itself, at a given moment, of any of the present clauses cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said conditions.

1.2. Evolution of the General Conditions of Sale

In the event of a modification of these General Conditions of Sale, the new General Conditions of Sale become applicable as soon as they are communicated to the Customer, to all orders currently being executed, except in the event of a legal obligation.

1.3. Breach

Any violation of these General Terms and Conditions authorizes MERCURY SILVER to refuse to allow, for the future, the Customer responsible for the violation in question, to benefit from the Services delivered from the website, or any affiliated site under the responsibility of MERCURY SILVER or to close any access account to the website, without prejudice to any compensation that could be claimed from the author of said violation.

1.4. Evidence

The Customer acknowledges that recordings and backups and, in general, all connection data made on the Site (hereinafter the “Electronic Data”) will have full probative value between the Customer and MERCURY SILVER. Thus, the Electronic Data, including its date and time, will be authentic between the parties to any dispute. The Customer therefore acknowledges, in its contractual relations with MERCURY SILVER, the validity and probative force of the emails.

1.5. MERCURY SILVER website

The services of the MERCURY SILVER company are carried out on the list of circuits available online.

For safety reasons, the number of accompanying persons per participant is limited to three (3) people unless otherwise indicated. MERCURY SILVER cannot be held responsible for accompanying persons for damage occurring outside the circuit or its premises. The presence of children under 10 years old is strongly discouraged on the circuits. Children remain in all situations and in all places under the full responsibility of their parents. The safety instructions given by the managers of MERCURY SILVER or its Service Providers during the briefing to accompanying persons must be respected under penalty of being excluded from the circuit. Animals even on a leash are prohibited.

ARTICLE 2 - DEFINITIONS

" Customer "
Refers to any adult natural person, or legal entity who can access their basket on the Website www.mercury-silver.myshopify.com , or who makes direct contact by telephone or email with the company MERCURY SILVER.

" Basket "
Refers to the page of the Site from which the customer can access the purchasing interface, containing his selection of services delivered by MERCURY SILVER.

" Data "
Means all information, documents, texts, software, music, sounds, photographs, graphics, videos, messages and other elements of all types and in all forms collected and then transmitted as part of the Customer's use of the Services provided by MERCURY SILVER .

“Customer Data”
Refers to the data or information that the Customer submits to MERCURY SILVER.

" Services "
Refers to the services provided by MERCURY SILVER in particular through the site www.mercury-silver.myshopify.com

" Site "
Refers to the website www.mercury-silver.myshopify.com

" Third party "
All legal persons, natural or legal, other than the Parties.

" User "
Indicates indifferently the simple visitor or any Customer registered on the Site.

ARTICLE 3 - PURPOSE

3.1. General Conditions of Sale

These conditions govern online reservations made on the Site, or directly by email or telephone with the Company, as well as the rights and obligations of the Parties in the context of reservations for the services offered by MERCURY SILVER.

3.2. User acceptance

These General Terms and Conditions are expressly approved and accepted by the User, who declares and acknowledges having perfect knowledge of them.

In any case, the User's registration on the Site and/or any start in the use of the Services offered by the Site, subjects the User to these General Terms and Conditions.

The User is therefore deemed to accept the application of all the rules stipulated herein, as well as those which would be present in any document available on the Site, integrated into these General Terms and Conditions by reference and which govern its relationship with third parties and MERCURY SILVER.

With regard to reservations for services made by telephone or directly by email, these General Terms and Conditions are communicated to the Customer by all means, the latter must affix his signature on all pages and precede his signature with the handwritten note “Good for agreement ".

These T&Cs are enforceable for the entire duration of use of the Site and until new T&Cs replace these and for the entire duration of the services ordered by the Customer.

The Client User also acknowledges having consulted the legal notices appearing on the Site prior to any use of the services offered by the latter and which will also be communicated to the Client for taking orders by telephone or email.

The Customer undertakes to use the Site service in good faith.

ARTICLE 4 - ONLINE RESERVATION CONDITIONS - BY TELEPHONE - BY EMAIL

4.1. Reservation

It is possible to make a reservation by:

- Internet: www.mercury-silver.myshopify.com (or via www.mercury-silver.fr)
- Telephone: +33.(0)6.85.68.55.16
- Email: contact@mercury-silver.fr

The contractual information is presented in French and will be confirmed at the latest when the order is validated.

The company MERCURY SILVER reserves the right not to record a payment, and not to confirm a reservation for any reason whatsoever, and more particularly in the event of a technical problem, or in the event of difficulty concerning the reservation made.

4.2. Process

The Client has the possibility of reserving the services via the three methods listed in the previous paragraph.

The Customer will be able to manage their reservations from the interface dedicated to them in their basket. The reservation process is detailed on the Site and accessible to each Customer who declares having read it.

4.3. Right of withdrawal (only applicable to consumers)

Pursuant to article L221-28 of the Consumer Code, as amended by Ordinance No. 2016-301 of March 14, 2016, in force on July 1, 2016, it is recalled that the right of withdrawal cannot be exercised for contracts:

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.

4.4. Choice of date of service and convocation time

When booking, the Customer can choose to take a service, without predefined date, with a validity of one (1) year from the date of purchase. In this case, MERCURY SILVER sends by e-mail within 24 hours or by post (post office shipping time), depending on the customer's choice, an undated voucher which is to be given to the beneficiary of the service. This uses the interface on the Site www.mercury-silver.myshopify.com or calls the company MERCURY SILVER on +33.(0)6.85.68.55.16 in order to choose and confirm a service date among those available . The convening time for the chosen service is confirmed one week in advance to the beneficiary and the Customer by e-mail.

If when booking, the Customer chooses a date for the service, MERCURY SILVER sends by e-mail (instantaneous) or by mail (post office shipping time), depending on the Customer's choice, a summons for the service at the date retained. In this case, it is the responsibility of the buyer to give the invitation to the beneficiary of the service.

The beneficiary's convocation time is sent to the beneficiary and to the Client by e-mail.

MERCURY SILVER declines all liability in the event of the beneficiary's absence on the day of the service (see: Conditions of postponement). In particular, no refund or postponement to another date can be made. The Customer and/or beneficiaries who do not provide a mobile number or email address must call MERCURY SILVER at +33.(0)6.85.68.55.16 to find out their convening time.

The imperatives of organizing services do not allow MERCURY SILVER to convene Customers according to their wishes. The beneficiary therefore undertakes to accept and appear at the time of the invitation sent to him by MERCURY SILVER. Respecting the convocation time guarantees the smooth running of the program in optimal security conditions.

In the event of a delay of more than thirty (30) minutes on the day of the service, MERCURY SILVER therefore reserves the right to either reduce the service initially planned, or to postpone the beneficiary's participation in exchange for compensation of 50% of the amount of the service. service (excluding option). In both cases, MERCURY SILVER will not be liable for any compensation.

4.5. Expiry date and deadline for completion of the service

The expiry date for the service corresponds to the purchase date referred to above, plus one year. The deadline for carrying out the service corresponds to the last date proposed in the MERCURY SILVER calendar for the circuit mentioned on the reservation. It is systematic that the deadline for carrying out the service occurs before the expiry date. It is therefore up to the Client to choose their service date sufficiently early to be able to carry out their service before the deadline for carrying out the service and therefore before the validity deadline of their ticket. To facilitate this process, MERCURY SILVER attaches the schedule of service dates when purchasing the voucher and regularly informs the Customer and the beneficiary of the upcoming available dates by email. The schedule is also available and updated in real time on the Site. As the filling of services changes every day, certain dates which would have been available at the time of purchase may no longer be available when the beneficiary decides to choose their date. It is therefore advisable to reserve the date of the service as soon as possible to avoid the schedule being complete before the end of validity date.

In this case (late reservation exceeding the validity date), MERCURY SILVER cannot be held responsible in any way.

If the deadline for carrying out the service has passed but the ticket has not reached the expiry date, the Customer has the possibility of extending the validity of his ticket by 6 months.

Once the expiry date has passed, the service is lost.

4.6. Conditions for postponing a service to another date

In the event of an event qualified as “Force Majeure” as defined by the Civil Code, such as serious illnesses, accidents or exceptional events affecting the beneficiary and preventing him from carrying out his service, the Client undertakes to inform MERCURY SILVER of the postponement request within 24 hours (by telephone at +33.(0)6.85.68.55.16 or by contact@mercury-silver.fr) and to transmit the supporting documents within eight (8) days by email or post adequate (work leave, hospitalization certificate, etc.).

After validation by MERCURY SILVER of the irresistible and unforeseeable nature of the duly justified event, the Client will have the option of postponing his service without fixed compensation. The validity date of the service is also, in fact, postponed by six (6) months.

In all other cases, the postponement of the date will not be accepted and the Customer will not be able to claim any reimbursement or compensation for sums already paid. However, the Client has complete freedom to modify the beneficiary of the service until the day before the service.

Weather conditions cannot under any circumstances constitute a case of force majeure such as to justify a postponement by the beneficiary of the scheduled date.

4.7. Conditions for cancellation or postponement of a service by MERCURY SILVER

In the event of insufficient participation in a planned service, MERCURY SILVER may be required to cancel or postpone it.

In this case, participants scheduled for the day will be notified no later than two (2) weeks in advance by email and telephone.

In the event of unforeseen restoration work imposed by the Circuits for safety reasons (in particular following damage etc. ), or in general for any event qualified as Force Majeure within the meaning of the Civil Code, MERCURY SILVER may have to cancel or postpone a service date. Given the sudden and very exceptional nature of this scenario, this cancellation may take place the day before the service. The customer will be informed as soon as possible by telephone and email.

If the weather conditions do not ensure the safety of the driver during the service, namely snow, ice or heavy rain, MERCURY SILVER reserves the right to cancel or postpone the service. Given the sudden nature of these events and depending on their seriousness, this cancellation or postponement may take place on the same day of the service .

In the event of cancellation of a service at the initiative of MERCURY SILVER according to the aforementioned circumstances, available dates before the expiry date of the ticket will then be offered to the beneficiary.

In the event that the cancellation takes place less than two (2) months before the expiry date of the ticket, this date will be automatically and free of charge extended by an additional three (3) months.

In the event that on the date of cancellation, no other date is then offered or available before the expiry date of the ticket or this has already passed, the Customer will not be able to reschedule the date of the service .

Under no circumstances will the cancellation or postponement of a service at the initiative of MERCURY SILVER result in any request for compensation from the buyer and/or the pilot.

4.8. Commitments of the participant (beneficiary or Client) to the service

The participant must be at least 18 years old and have a valid driving license. For minor customers aged between 16 and 18, parental authorization must be presented before the event on the circuit.

The participant declares on his honor to be in good health and not to be under the influence of any medical treatment contradictory to driving.
The participant declares to know the risks inherent in driving a vehicle of a "sporting nature" but intended for leisure, and consequently releases the managers, employees and partners of the company MERCURY SILVER, from any liability in the event of accident occurred during the day.

The participant undertakes to scrupulously respect the safety and piloting instructions set out during the briefings and throughout the service by the Service Manager and the supervisory staff. Please note that in the event of dangerous behavior or non-compliance with any of these instructions, the Service Manager reserves the right to immediately end the participant's participation in the day, without any Even partial reimbursement cannot be made.
 The participant undertakes not to drink alcohol before and during the day (except after the last series of riding). MERCURY SILVER reserves the right to check participants' blood alcohol level at any time using a breathalyzer. If the participant refuses to submit to this test or if the result exceeds 0.1 g/l of alcohol in the blood, MERCURY SILVER reserves the right to refuse the participation of the participant concerned in the day without the latter can claim any reimbursement.
 The participant undertakes not to consume illicit substances (drugs, euphoriants, etc. ) or medications with side effects that are incompatible with driving. As soon as the participant and their companions enter the circuit, the participant authorizes MERCURY SILVER and its partners to photograph and record by any audio-visual means at their convenience the various situations in which they (and their companions ) could be involved. In particular, MERCURY SILVER will be authorized to film and record conversations held inside reconnaissance vehicles. These audio-visual media will in fact be royalty-free.

ARTICLE 5 - PRICES - PAYMENT - SECURITY DEPOSIT - DAMAGE TO THE VEHICLE

5.1. Prices

Prices are indicated in euros, excluding tax and including tax.

The company MERCURY SILVER reserves the right to modify its prices at any time, but the service will be invoiced on the basis of the price in force at the time of validation of the order and subject to availability.

The total amount is indicated in the Order summary, before the Customer accepts these General Terms and Conditions, validates their Order, provides and validates their billing details and makes payment.

The Order for Services on the Site is payable in euros. Full payment must be made on the day of the Order by the Customer, only by Credit Card, by PAYPAL payment or SEPA transfer, unless special payment conditions are expressly accepted by the Customer and the Company.

The Site uses the online payment systems SHOPIFY PAYMENTS “SHOP PAY” and PAYPAL, service providers specializing in securing online payments. These systems guarantee the Customer total confidentiality of their banking information. The banking transaction by credit card, carried out between the Customer and the secure system, is therefore fully encrypted and protected.

The Customer guarantees to the MERCURY SILVER Company that he has the necessary authorizations to use the payment method chosen when placing the order.

MERCURY SILVER reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any sum that would be owed by the Customer to the Company, 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, or in the event of misuse or abuse of 'a discount code.

5.2. Payment

Depending on the case, payment can be made by Check, by Bank Card or by SEPA Transfer.

Check payment :
- MERCURY SILVER declines all responsibility in the event of loss or delay in delivery of mail.
- The check must be made payable to “MERCURY SILVER” and sent to the address: MERCURY SILVER - 28 bis, rue Sainte Hélène - 72000 LE MANS - France.

Payment by transfer to the following QONTO bank account:
- Holder: MERCURY SILVER
- IBAN: FR76 1695 8000 0145 8324 4845 075
- BIC/SWIFT: QNTOFRP1XXX
- BIC/SWIFT from our correspondent bank: BNPAFRPP
- Address of the holder: 28 RUE SAINTE HELENE, 72000 LE MANS, FR
- Domiciliation: Qonto (Olinda SAS), 20 bis rue La Fayette, 75009 Paris, France

The purchase date corresponds to the effective date of receipt of full payment.
 Otherwise, the reservation cannot be considered valid.

5.3. Security Deposit - Payment for Vehicle Damage

Driving courses:

- To cover possible damage caused to the car(s) by the trainee responsible for an accident, a deposit of €3,000 (three thousand euros) will be requested before starting the day. This deposit must be made to MERCURY SILVER.

- If the damage is less than this sum, the debtor will be sent the difference by MERCURY SILVER.

- As an option, it is possible, upon payment of an additional sum, to reduce the deposit to €1000 (one thousand euros).

Trackdays & Evenings:

- The driver must hold a valid FFSA LICENSE .

- Damage to the vehicle: The driver is financially responsible for all damage he may cause to the vehicle and the circuit infrastructure.

- A deposit of €8,000 (eight thousand euros) will be requested from the pilot before taking part in the day. This deposit must be made to MERCURY SILVER.

The amount of 8,000 euros is understood as a deposit.
- If the repairs carried out are less than 8,000 euros , the invoice for the repairs will be sent to the participant with a reimbursement of the overpayment if necessary.
- If the amount of repairs is exceeded, the Customer undertakes to pay the invoice sent by MERCURY SILVER without delay upon receipt.
- Under no circumstances can MERCURY SILVER expect possible insurance coverage from the Customer; the latter will in fact make it his personal business to obtain support directly, without MERCURY SILVER having to intervene, directly or indirectly in the context of any procedure.

Deposit of the deposit:

In both cases, the deposit must be made either by bank check on the day of the service, or by credit card imprint , or by SEPA direct debit authorization , 48 hours before the delivery of the amount of the deposit constituting an irrevocable commitment. without the possibility for the customer to stop the withdrawal before the complete end of the MERCURY SILVER service.

The participant will be informed that in the event of material damage following a driving error and thereby incurring liability, the lump sum of €3,000 (three thousand euros) in a driving course or €8,000 (eight thousand euros) in Trackdays or Evenings will be debited on the day of the service.

ARTICLE 6 - VALIDATION OF THE RESERVATION

Any reservation appearing on the Website www.mercury-silver.fr assumes adherence to these General Terms and Conditions. Any order confirmation entails full acceptance of these General Terms and Conditions, without exception or reservation. All the data provided and the recorded confirmation will constitute proof of the transaction.

The order confirmation will constitute signature and acceptance of the operations carried out.

A summary of the order information and these General Terms and Conditions will be communicated in PDF format via the order confirmation email address.

Under no circumstances can MERCURY SILVER be held responsible for the unavailability of the site. In fact, the service offered to the Customer only constitutes an obligation of means.

ARTICLE 7 - PAYMENT - PROVISION

The fact of validating his order implies for the Customer the obligation to pay the price indicated. The full amount of Credits will be debited on the day of purchase on the Site.

MERCURY SILVER reserves the right to suspend any processing of the Order in the event of refusal of payment authorization from the Customer's bank.

For legal entity customers only or for professionals, MERCURY SILVER reserves the right to request a provision under conditions to be defined in the commercial offer which will be submitted in advance; the latter must be paid either by bank transfer or by bank check.

ARTICLE 8 - DELAY

In the event of a delay in the chosen time slot, the reservation time cannot be postponed due to fixed slots and subsequent reservations.

Thus, the Customer will lose playing minutes due to their delay.

ARTICLE 9 - FORCE MAJEURE

No party will be held responsible in cases of Force Majeure as defined in article 1218 of the Civil Code.

There is force majeure in contractual matters when an event beyond the debtor's control, which could not reasonably have been foreseen when the contract was concluded and whose effects cannot be avoided by appropriate measures, prevents the performance of his obligation. by the debtor.

If the impediment is temporary, the execution of the obligation is suspended unless the resulting delay justifies the termination of the contract. If the impediment is definitive, the contract is automatically terminated and the parties are released from their obligations under the conditions provided for in articles 1351 and 1351-1.

ARTICLE 10 - NON-MEDICAL LIABILITY

The MERCURY SILVER Company assumes responsibility for any accident linked to the practice of leisure driving of a single-seater type vehicle, on the circuits offered online, except for the wrongful act or professional omission of MERCURY SILVER.

Each Client or Beneficiary is aware of the risks involved, is responsible for his or her actions, and must carry out the activity according to his or her own capabilities, in compliance with safety rules, regulations and these MERCURY SILVER T&Cs and recommendations. of all the professionals supervising the service.

To this end, it is strongly recommended that the Customer, prior to ordering a service on the Site, visit a general practitioner to determine whether or not the latter is suitable for “Leisure” practice. » (that is to say outside of any competition) of car driving.

ARTICLE 11 - INTELLECTUAL PROPERTY

All elements of this Site and the Site itself are protected by copyright, trademark law, designs and models and/or all other intellectual property rights. These elements are the exclusive property of the MERCURY SILVER Company.

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

The Company also retains all intellectual property rights associated with the photographs and videos that it may produce during the performance of the Services and which it reserves the right to re-use on any medium, in particular for promotional purposes. When providing the Service, the Client must sign an authorization to use his or her image rights.

No title or right whatsoever to any material or software will be obtained by downloading or copying material from this Site. The Customer is expressly prohibited from reproducing (except for his personal and non-commercial use), publishing, editing, transmitting, distributing, showing, removing, deleting, adding to this Site and the elements and software it contains, no more modify them or carry out any work based on them, nor sell or participate in any sale in connection with this Site, the elements of this Site or any software relating thereto.

The Company grants the Client a non-exclusive license to use the Site. This license is strictly personal and cannot under any circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Client of the company names, brands and distinct signs belonging to the Company is strictly prohibited except in the event of express and prior agreement from the Company.

ARTICLE 12 - NEWSLETTER

By checking the box provided for this purpose or by expressly giving his agreement to this purpose, the Customer accepts that the Company may send him newsletters (information letter) which may contain information relating to his activity.

When the Customer checks the box provided for this purpose in the registration process on the Site to place the Order, he agrees to receive commercial offers from the Company for Services similar to those ordered.

Subscribed members will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each of the newsletters (newsletters).

ARTICLE 13 - APPLICABLE LAW - ATTRIBUTION OF JURISDICTION

The language of this contract is French. These conditions of sale are subject to French law. Any dispute relating to this Contract will be submitted to the competent courts under the conditions of common law.

ARTICLE 14 - MODIFICATIONS

The company MERCURY SILVER reserves the right to make the necessary modifications to these general conditions of sale at any time.

ARTICLE 15 - VOID

In the event that a clause herein is or becomes void or voidable, obsolete or deemed unwritten, this will not call into question the validity of the other clauses, and the disputed clause will be deemed unwritten.