Terms of service

OVERVIEW This website is operated by RogMotorsport. Throughout the site, the terms “we”, “our” and “ours” refer to RogMotorsport. RogMotorsport offers this website to you, the user, including all the information, tools and services available on this site, on condition that you accept all the terms, conditions, policies and notices set out here.

By visiting our site and/or buying something from us, you engage in our “Service” and agree to be bound by the following terms of use (“Terms of Service”, “Terms”), including the additional terms of use and policies referred to in this document and/or available by hyperlink. These Terms of Service apply to all users of the site, including but without limitation, users who are browsers, suppliers, service providers, customers, merchants and/or contributors of content.

 

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not accept all the terms of use of this agreement, you may not access the website or use the Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any tool or feature added to the current store is also subject to the Terms of Service. You may at any time consult the most recent version of the Terms of Service on this page. We reserve the right to update, modify or replace any part of these Terms of Service by publishing updates and/or modifications on our website. It is your responsibility to check periodically whether this page has been changed. Continuing to use the website or to access it after the publication of any change constitutes an acceptance of those changes.

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell you our products and services.

SECTION 1 - ONLINE STORE TERMS OF SERVICE By accepting these Terms of Service, you declare that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any minor dependant of yours to use this site. You may not use our products for any illegal or unauthorised purpose, and you may not, in the course of using the service, breach the laws of your jurisdiction (including, but not limited to, copyright laws). You may not, under any circumstances, transmit worms, viruses or code of a destructive nature. Failure to comply with, or any breach of any of the terms will result in the immediate termination of your Services.

 

SECTION 2 - GENERAL CONDITIONS We reserve the right to refuse the Service to anyone for any reason and at any time. You understand that your content (excluding credit card information) may be transferred unencrypted and may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of networks or connecting devices. Credit card information is always encrypted when transferred over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any part of the Service, any use of the Service or access to the Service or to any contact on the website through which the Service is provided, without our express written permission. The headings used in this agreement are for convenience only and do not limit or otherwise affect these Terms.

 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION We are not responsible if the information made available on this site is not accurate, complete or up to date. The content of this site is provided for general information only and should not be used as the sole basis for decisions without consulting primary, more accurate, more complete or more timely sources of information. Any use of the content on this site is at your own risk. This site may contain certain historical information. Historical information is not necessarily current and is provided for reference only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information appearing on it. You acknowledge that it is your responsibility to monitor changes made to our site.

 

SECTION 4 - CHANGES TO THE SERVICE AND TO PRICES The prices of our products may be changed without notice. We reserve the right to change or discontinue the Service (or any part or content of it) at any time without notice. We will not be liable to you or to any third party for any modification, price change, suspension or discontinuation of the Service.

 

SECTION 5 - PRODUCTS OR SERVICES (if applicable) Certain products or services may be available exclusively on line, on the website. These products or services may be available in limited quantities and may only be returned or exchanged in accordance with our refund policy: We have made every effort to display as faithfully as possible the colours and images of our products that appear in the store. We cannot guarantee that the display of the colours on your computer screen will be accurate. We reserve the right, without being obliged to, to limit the sale of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or Service we offer. All product descriptions and product prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue the sale of a product at any time. Any offer of a product or Service made on this site is void where prohibited. We do not warrant that the quality of the products, services, information or other items purchased or obtained by you will meet your expectations, nor that any errors in the Service will be corrected.

 

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION We reserve the right to refuse any order placed with us. We may, at our sole discre tion, limit or cancel the quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders using the same billing and/or shipping address. In the event of a modification or cancellation of an order, we may attempt to notify you by contacting the email address and/or the billing address or telephone number provided at the time of the order. We reserve the right to limit or prohibit orders that, in our sole judgement, appear to be placed by dealers, resellers or distributors.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made in our store. You agree to update promptly your account and other information including your email address (contact@rogmotorsport.com) and the numbers and expiry dates of your credit card, so that we can complete your transactions and contact you if necessary.

 

For further details, please see our refund policy.

SECTION 7 - OPTIONAL TOOLS We may give you access to third-party tools that we neither control nor monitor. You acknowledge and agree that we provide access to these tools “as is” and “as available” without any warranty, representation or condition of any kind and without any endorsement. We cannot be held liable for your use of optional third-party tools. Any use by you of the optional tools offered by the site is entirely at your own risk and you must ensure that you know and approve the terms on which the tools are provided by the relevant third-party supplier(s). We may also, in the future, offer new Services and/or new features through the website (including the provision of new tools and resources). These new features and/or new Services will also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS Certain content, products and Services available via our Service may include items from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or its accuracy, and we do not warrant and will have no liability for any third-party document or website, or for any other third-party document, product or Service. We are not liable for any harm or damage related to the purchase or use of goods, Services, resources, content or any other transaction carried out in connection with third-party websites. Please review the policies and practices of the third party carefully and make sure you understand them before entering into a transaction. Complaints, claims, concerns or questions regarding third-party products must be addressed to the third party concerned.

SECTION 9 - COMMENTS, FEEDBACK AND OTHER USER SUBMISSIONS If, at our request, you send certain specific submissions (for example entries to competitions) or, without our asking you, you send creative ideas, suggestions, proposals, plans or other documents, whether online, by email, by post or otherwise (collectively, the “comments”), you agree that we may, at any time and without restriction, modify, copy, publish, distribute, translate and use in any way whatsoever, on any medium whatsoever, the comments you send us. We have and will have no obligation (1) to maintain the confidentiality of the comments, (2) to pay compensation for the comments or (3) to reply to the comments. We may, but have no obligation to, monitor, modify or delete content that we deem, at our sole discretion, illegal, offensive, threatening, defamatory, pornographic, obscene or otherwise objectionable, or that infringes the intellectual property of a party or these Terms of Service. You acknowledge that your comments do not infringe any right of a third party, in particular copyright, trade marks, privacy, personality or any other personal or property right. You also agree that your comments do not contain defamatory or otherwise illegal, abusive or obscene content, nor any computer virus or other malicious software likely to affect in any way the operation of the Service or of any related website. You are not authorised to use a false email address, to impersonate someone else or to mislead us or third parties as to the origin of the comments. You alone are responsible for the comments you write and for their accuracy. We accept no liability for comments published by you or by a third party.

 

SECTION 10 - PERSONAL INFORMATION The submission of personal information through the store is governed by our privacy policy, which can be consulted here.

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS Occasionally, information on our site or in the Service may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, transit times and availability. We reserve the right to correct any error, inaccuracy or omission, and to modify or update the information or cancel orders if any information in the Service or on any related website is inaccurate, at any time and without notice (including after you have submitted your order). We are not obliged to update, modify or clarify the information contained in the Service or on any related website, including, but not limited to, price information, unless required by law. No update or refresh date specified in the Service or on a related website should be taken to indicate that all the information contained in the Service or on a related website has been modified or updated.

 

SECTION 12 - PROHIBITED USES In addition to the other prohibitions set out in the Terms of Service, you are prohibited from using the site or its content: (a) for any illegal purpose; (b) to solicit others to perform or take part in unlawful acts; (c) to breach any regulation, rule, law or international, federal, provincial or state ordinance; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate or discriminate on the basis of sex, sexual orientation, religion, ethnicity, race, age, national origin or disability ; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in a way that affects the functionality or operation of the Service or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) for the purposes of spam, phishing, pharming, pretexting, spidering, crawling or scraping; ( j) for obscene or immoral purposes; or (k) for the purposes of interfering with or circumventing the security features of the Service or of any related website, other websites or the Internet. We reserve the right to terminate your use of the Service or of any related website in the event of a breach of any of the prohibited uses.

 

SECTION 13 - DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY We do not warrant that the use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Serv ice will be accurate or reliable. You agree that we may withdraw the Service for indefinite periods or cancel it at any time, without notifying you. You expressly agree that the use of, or inability to use, the Service is at your own risk. The Service and all products and Services provided to you through the Service are (unless expressly stated otherwise by us) provided “as is” and “as available” for your use, without any representation, warranty or condition of any kind, express or implied, including all implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title and non-infringement. In no event shall RogMotorsport, our directors, officers, employees, affiliates, agents, subcontractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim or any damage direct, indirect, incidental, punitive, special or consequential of any kind whatsoever, including, without limitation, loss of profits, loss of revenue, loss of savings, loss of data, replacement costs, or any other similar damage, whether based on contract, tort (including neg ligence), strict liability or otherwise, arising from your use of the Service or of any product obtained through the Service, or for any other claim related in any way whatsoever to your use of the Servi ce or of any product, including, but not limited to, any error or omission in the content, or any loss or damage of any kind whatsoever resulting from the use of the Service or of any content (or product) displayed, transmitted or made available through the Service, even if their possibility has been notified. Since certain States or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in those States or jurisdictions our liability will be limited to the fullest extent permitted by law.

 

SECTION 14 - INDEMNIFICATION You agree to indemnify, defend and hold harmless RogMotorsport and our parent company, our subsidiaries, affiliates, partners, officers, directors, agents, subcontractors, licensors, Service providers, suppliers, interns and employees, in the event of any claim or demand, including reasonable lawyers' fees, made by a third party by reason of your breach of these Terms of Service or of the documents they incorporate by reference, or of your breach of any law or of the rights of a third party, or arising from that breach.

SECTION 15 - SEVERABILITY If a provision of these Terms of Service is deemed illegal, void or unenforceable, that provision shall nevertheless be applicable to the fullest extent permitted by applicable law, and the unenforceable part shall be deemed severed from these Terms of Service, that decision not affecting the validity and enforceability of the other remaining provisions

SECTION 16 - TERMINATION The obligations and liabilities of the parties incurred before the date of termination survive the termination of this agreement for all purposes. These Terms of Service are valid until terminated by you or by us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services, or when you stop using our site. If we consider that you are not complying with, or we suspect that you have not complied with, any of the terms or provisions of these Terms of Service, we may also terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or we may consequently refuse you access to our Services (or to part of them).

 

SECTION 17 - ENTIRE AGREEMENT Our failure to exercise or enforce a right or provision of these Terms of Service does not constitute a waiver of that right or of that provision. These Terms of Service and any policy or operating rule that we publish on this site or concerning the Service constitute the entire agreement and understanding between you and us. They govern your use of the Service, superseding all prior or contemporaneous agreements, communications and proposals, oral or written, between you and us (including, but not limited to, all prior versions of the Terms of Service). Any ambiguity in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

SECTION 18 - GOVERNING LAW These Terms of Service and any separate agreement by which we provide you with Services are governed by and construed in accordance with the laws of France.

SECTION 19 - CHANGES TO THE TERMS OF SERVICE You may consult the most recent version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms of Service by publishing updates and modifications on our website. It is your responsibility to check periodically whether our website has been changed. Continued use of or access to our website or to the Service after the publication of any modification of these Terms of Service constitutes acceptance of those modifications.

 

For any question, you can contact us at contact@rogmotorsport.com.