Terms of Sale

Preamble and seller identification

These General Terms and Conditions of Sale (hereinafter the “Terms”) govern all contractual relations between:

On the one hand, the company GXS RACING, trading under the business name GXS RACING, registered under SIRET number 519 273 098 000 11,

• Email: contact@gxs-racing.com
• Website: https://gxs-racing.com/MicroSite/GXSV3

And on the other hand, any natural or legal person (hereinafter the “Customer”) making a purchase on the GXS RACING website.

Legal capacity and minors

The Customer declares that they have read these Terms and accepted them without reservation before confirming their order. Confirmation of the order constitutes full and unreserved acceptance of the Terms. The Customer declares that they are of legal age and have full legal capacity to enter into these Terms.

If the Customer is a minor, they declare on their honour that they have obtained prior authorisation from their parents or legal guardian to place an order on the GXS RACING website. The holders of parental authority remain in any event fully responsible for acts and purchases made by the minor in their care. GXS RACING reserves the right to request proof of such authorisation and to cancel the order if in doubt.

Article 1. Products and technical specifications

1.1 Colour tolerance

The Customer acknowledges being informed that colours displayed on a screen (RGB colour mode, luminous) may differ slightly from the final printed result (CMYK colour mode, inks). Likewise, a slight variation in shade may occur when reprinting the same file at a later date. These variations in tone, inherent to digital printing processes, do not constitute a lack of conformity and cannot give rise to refusal of goods, cancellation or refund.

1.2 Matching with third-party accessories

GXS RACING does not in any way guarantee exact colour matching between its graphic kit colours and those of third-party accessories fitted to the vehicle (anodised parts, handlebars, wheels, custom paintwork, plastics from another brand). Shades are calibrated to manufacturer (OEM) standards and not to aftermarket accessory suppliers.

1.3 FLUO and CHROME range specifics

The Customer is informed that fluorescent and chrome vinyls are more sensitive to UV rays. Gradual fading or alteration of appearance after prolonged exposure to sunlight is normal and does not constitute a manufacturing defect. The longevity of the brilliance of these specific colours is not guaranteed over time.

1.4 Homologation and road use

Certain products sold (in particular number plate backgrounds, headlight masks, race numbers) are intended for competition use on private land. They may alter the technical characteristics or visibility of the vehicle’s safety elements. It is the Customer’s responsibility to verify that products comply with the French Highway Code (Code de la route) for use on public roads. GXS RACING declines all liability in the event of fines, penalties or disputes arising from use on open roads.

1.5 Safety and flammability

Adhesive products sold are made of plastic materials (PVC/vinyl) and are flammable. The Customer must never apply adhesive to parts reaching high temperatures (exhaust manifold, unprotected silencer, engine block) or in the immediate vicinity of a fuel leak. GXS RACING cannot be held liable for bodily injury or property damage caused by use that does not comply with basic safety rules.

1.6 Plastic compatibility (OEM vs aftermarket)

Unless the Customer explicitly states otherwise when ordering (specifying the exact brand and model of plastics, e.g. Cycra Powerflow, UFO Restyle…), all our templates are produced based on original manufacturer (OEM) plastics. GXS RACING cannot be held liable for poor fit or misalignment of cut-outs if the Customer installs the kit on aftermarket plastics with different contours or shape from the original.

1.7 Technical evolution

GXS RACING reserves the right to modify the technical characteristics of its products at any time (vinyl thickness, adhesive type, laminate brand) in line with technological developments or supplier constraints, provided that the quality of the finished product is equivalent or superior. Such modifications cannot give rise to any claim.

1.8 Technical distinction between graphic kit and full wrap

The Customer expressly acknowledges being informed that a graphic kit (commonly called a “deco kit”) consists of a set of pre-cut adhesive pieces intended to be applied to defined areas of the vehicle. GXS RACING specifies that a graphic kit does not in any way constitute a “full wrap” or “covering” service. Unlike full wrapping, a graphic kit does not cover the entire surface of the plastics and leaves the original colour of the substrate visible in certain areas, notably edges, extreme curves and recesses. Consequently, GXS RACING cannot be held liable if the base colour of the Customer’s original plastics does not match the design of the chosen graphic kit.

1.9 Specific colours and mandatory physical sample approval

For any order including specific finishes or shades (including but not limited to chrome, holographic, glitter, fluorescent or non-standard colour chart tones), GXS RACING conditions the definitive launch of production on the prior dispatch and approval of a physical sample by the Customer.

The Customer expressly acknowledges that approval of these shades cannot in any case be based on photographs, screenshots or digital transmissions (email, social networks). Digital device screens (smartphones, tablets, computers) do not allow faithful, consistent and universal reproduction of actual colours and their reflections.

Consequently, GXS RACING sends a representative physical sample by post. Production will only begin upon receipt of written confirmation (by email or post) from the Customer approving said sample. Any delay by the Customer in approving this sample will result in a proportional shift in indicative delivery times. Once the physical sample has been approved, no subsequent claim regarding the exact shade or visual appearance of the colour will be accepted.

Article 2. Intellectual property and logos

2.1 Declaration on honour

The Customer declares on their honour that they hold all intellectual property and usage rights relating to the brands, logos, symbols, names and images they ask GXS RACING to reproduce.

2.2 Registered trademark and GXS signature

GXS RACING (also referred to as GXS), being a trademark registered with the INPI (French National Institute of Industrial Property), will automatically and systematically sign all its work with its logo applied to elements of its choice. The Customer may not object to the presence of this brand signature on the finished product, which forms an integral part of the design.

2.3 Exclusion of competitor logos

No logo promoting an entity competing with GXS RACING will be accepted on graphic kits or printed products. By “competition” is meant any company, brand, association or individual (whether professional or “amateur”) manufacturing, offering for sale or marketing graphic kits, stickers or any other adhesive product. GXS RACING reserves the right to systematically remove such logos from artwork without prior notice.

2.4 Transfer of liability (indemnity clause)

GXS RACING acts as a technical executor. The Customer indemnifies GXS RACING against any action for infringement, unfair competition or parasitism that may be brought against it by a third party (trademark owner). Consequently, the Customer undertakes to fully indemnify GXS RACING for all judgments and legal costs incurred.

2.5 Right of refusal and unlawful content

GXS RACING reserves the right to refuse any order involving reproduction of logos known for strict trademark protection policies (without official written authorisation). Likewise, GXS RACING will refuse any content contrary to public decency.

2.6 Prohibition on resale (grey market)

GXS RACING products are sold for the end Customer’s personal use. Any resale of new products for commercial purposes without a prior distribution agreement with GXS RACING is strictly prohibited.

Article 3. Orders, design and files

3.1 Responsibility for model selection (model year)

The Customer alone is responsible for the accuracy of information provided regarding the make, model and year of their vehicle. Please note: the year of first registration (on the vehicle registration document) often differs from the model year. In the event of Customer error in model selection, no exchange or refund will be made for a custom-made kit.

3.2 Responsibility for data entry (typos)

GXS RACING reproduces literally the texts, names and numbers entered by the Customer when ordering. No spelling correction is carried out. The Customer alone is responsible for typographical errors. Any product printed with an error arising from data entered by the Customer will neither be taken back nor exchanged.

3.3 Proof approval and artistic subjectivity

For custom work, approval of the proof by the Customer releases GXS RACING from all liability regarding errors found after printing (spelling mistakes, number errors, colour choices). Any reprint will be charged.

Style clause: graphic design work involves an element of creativity and subjectivity. If GXS RACING has complied with the Customer’s brief (colours, requested logos), refusal of the artwork by the Customer on grounds of personal taste alone cannot justify refund of graphic design fees incurred.

3.4 Archiving

GXS RACING retains production digital files for 1 year. After this period, any reprint may require new graphic design fees.

3.5 Non-transfer of source files (vector)

The sale of a graphic kit or design service corresponds to supply of a finished physical product. It does not in any case entail transfer of digital source files (vector, AI, EPS, high-definition PDF). These files remain the exclusive property and know-how of GXS RACING and will never be transmitted to the Customer, even for an additional fee.

3.6 Files supplied by the Customer (sponsors)

Sponsor logos must be supplied in vector format (AI, PDF, EPS, SVG). If the Customer supplies non-vector files (JPG, low-quality PNG), printing will be carried out “as is”. In this case, GXS RACING disclaims all liability in the event of printing defects (pixelation, blur, poor cutting).

3.7.1 Courtesy and mutual respect clause

GXS RACING undertakes to maintain healthy relations with its customers. In return, respectful behaviour is required from the Customer in all exchanges (by telephone, email, contact forms or on social networks).

Sanctioned behaviour: any abusive, defamatory, threatening, aggressive behaviour or harassment towards members of the GXS RACING team is strictly prohibited.

Consequences: in the event of non-compliance with this courtesy clause, GXS RACING reserves the exclusive and unilateral right to:

• Immediately cancel any order in progress (amounts already paid will be refunded).
• Suspend or permanently close the Customer’s account without notice or compensation.
• Refuse any subsequent order from that Customer.

3.7.2 Account security and Customer responsibility

Creating a personal area on the GXS RACING platform requires setting login credentials (email address and password).

• Confidentiality: these credentials are strictly personal and confidential. The Customer undertakes to keep them secure and not to disclose them to third parties.
• Responsibility for actions: the Customer is solely responsible for use of their account. Any login, data modification or order confirmation carried out using their credentials will be deemed to have been performed by the Customer themselves.
• Reporting: in the event of loss, theft or suspected fraudulent use of their account by a third party, the Customer undertakes to inform GXS RACING as soon as possible in order to block the account and reset the password.
• Limitation of liability: GXS RACING cannot be held liable for any damage (identity theft, unwanted order, access to personal data) resulting from the Customer’s negligence in protecting their login credentials.

3.8 Revision limit and additional artwork

For custom design or personalisation, the initial service includes presentation of a maximum of four (4) graphic proposals (mock-ups or rounds of amendments). Beyond this limit of four (4) mock-ups, any additional amendment requested by the Customer will be subject to a supplementary flat fee of twenty-five euros (25 €) per new mock-up. Kit production will only begin after approval of the final proof and full payment of any supplements relating to these additional mock-ups.

3.9 Archiving of contracts and orders

In accordance with Article L213-1 of the French Consumer Code (Code de la consommation), for any order of an amount equal to or greater than one hundred and twenty euros (120 €), GXS RACING ensures retention of the record of the order for a period of ten (10) years from delivery. The Customer may access it on simple written request.

Article 4. Prices, payment and offers

Prices are shown in euros. VAT not applicable, Article 293 B of the French General Tax Code (Code général des impôts).

4.1 Deposit on order

The deposit amount is specified on product pages (accessible via the website) and on quotations issued by GXS RACING. This deposit, payable by cheque made payable to GXS RACING, by bank card directly on the site, or by PayPal, must reach GXS RACING together with the order form (or signed quotation). It will be cashed upon receipt. For orders placed on quotation, production will only begin upon receipt of this deposit.

4.2 Quotation validity and unforeseen circumstances

Unless otherwise stated, quotations issued by GXS RACING are valid for 30 days. GXS RACING reserves the right to cancel an order in the event of an obvious pricing error (derisory price) resulting from a technical or IT problem.

Unforeseen circumstances: in the event of a sudden and unforeseeable increase in the cost of raw materials or energy making performance of the contract excessively onerous for GXS RACING, renegotiation or cancellation of the order may be notified to the Customer without compensation.

4.3 Promotional offers (non-cumulative)

Promotional codes, discounts and special offers issued by GXS RACING are never cumulative with each other or with other ongoing reductions (sales), unless expressly stated otherwise. In the event of a technical malfunction allowing cumulative use, GXS RACING reserves the right to cancel the order or claim the balance of the price.

4.4 PayPal clause

For security reasons, orders paid via PayPal will be shipped exclusively to the address registered on the Customer’s PayPal account at the time of payment, even if a different address is indicated on the site order form.

4.5 Late payment (business customers only)

In accordance with Articles L.441-6 and D.441-5 of the French Commercial Code (Code de commerce), any late payment by a business customer will automatically entail, in addition to late payment penalties, a flat-rate compensation for recovery costs of 40 euros.

4.6 Credit note validity

Credit notes and gift cards issued by GXS RACING have a strict validity period of 12 months from issue. After this period, they will be permanently expired and cannot be refunded or used.

Article 5. Delivery, workshop and customs

5.1 Lead times and shortages

Lead times are indicative. In the event of force majeure or national shortage of raw materials (vinyl, laminate) at suppliers, GXS RACING will inform the Customer and offer either an extended lead time or a refund without compensation.

5.2 Limitation of liability (indirect damage)

GXS RACING’s liability is strictly limited to the value of the products ordered. GXS RACING cannot be held liable for indirect or intangible damage such as: loss of opportunity, loss of business, costs of entering a competition (missed race), travel costs or reputational harm, resulting from late delivery or non-conformity of the product.

5.3 Proof of delivery (carrier tracking)

Transfer of ownership takes place upon handover of the parcel to the Customer. However, tracking information provided by the carrier (La Poste, Chronopost, etc.) showing effective delivery (status “Delivered”, “Left in letterbox”) shall be binding between the parties and shall constitute proof of proper receipt of the order by the Customer. No claim for non-receipt will be accepted if tracking indicates that the parcel has been delivered.

5.4 Packaging integrity vs product

Products sold (adhesives) being flexible and unbreakable, superficial damage to the cardboard packaging (crushing, creasing) does not constitute valid grounds for refusal of goods if the product inside is intact. The Customer must check the condition of the contents before refusing a parcel. If the product is intact despite damaged packaging, no return will be accepted.

5.5 Abandonment of goods clause

In the event of goods being returned to our premises (for any reason: undeliverable, unclaimed, refused), if the Customer does not respond or does not pay reshipment costs within 3 months of notification by email, the goods will be deemed abandoned. GXS RACING may then destroy or recycle them without any compensation or refund being claimable by the Customer. Ownership of the product transfers to GXS RACING at the end of this period.

5.6 Refusal of goods and address error

In the event of refusal of the parcel by the Customer upon delivery (other than in cases of transport damage noted and recorded on the delivery note), or return for incorrect/incomplete address (undeliverable), the personalised product cannot be refunded or cancelled. The Customer will remain liable for the full amount of the order as well as return charges billed by the carrier and any reshipment costs.

5.7 Vehicle drop-off at workshop (fitting)

For fitting services at our premises, the Customer remains solely responsible for insuring their vehicle (theft, fire, damage) for the entire period of drop-off. GXS RACING declines all liability regarding valuables left in or on the vehicle, as well as in the event of loss arising from force majeure. The Customer undertakes to collect their vehicle within 48 h of notification of completion of work, failing which storage fees will apply (15 €/day).

5.8 Customs (outside EU / French overseas territories)

For deliveries outside the European Union (Switzerland, United Kingdom) and French overseas departments and territories (DOM-TOM), the Customer is considered the importer. Customs duties, local taxes or import duties may be payable. These charges are outside GXS RACING’s remit. They will be borne exclusively by the Customer.

Article 6. Right of withdrawal

In accordance with Article L.221-28 of the French Consumer Code (Code de la consommation), the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalised (which includes all custom graphic kits, plates and stickers sold by GXS RACING). Consequently, no return or refund is accepted for these products.

For standard non-personalised products (universal accessories), the Customer has a period of fourteen (14) days from receipt to exercise their right of withdrawal. The product must be returned in its original condition, new, complete, unused and in its original packaging. Any product returned damaged or incomplete will not be refunded. Return costs are borne exclusively by the Customer.

Article 7. Warranties and exclusions

7.1 Non-transferability of warranty

Regardless of any commercial warranty (Article 7.2), GXS RACING remains liable for defects in conformity of the goods with the contract under the conditions of Article L.217-4 et seq. of the French Consumer Code and for hidden defects of the thing sold under the conditions provided for in Articles 1641 et seq. of the French Civil Code.

Conformity warranty: the Customer has a period of two (2) years from delivery of the goods to take action. They may choose between repair or replacement of the goods, subject to the cost conditions provided by law.

Hidden defects warranty: the Customer may choose to invoke the warranty against hidden defects of the thing sold. In this case, they may choose between rescission of the sale or a reduction in the sale price.

7.2 Technical exclusions (fitting, maintenance, chemicals)

GXS RACING does not warrant defects linked to poor fitting or poor maintenance. The following are excluded from the warranty:

• Air bubbles or lifting due to poorly degreased substrate (silicone residue on new plastics).
• Damage caused by use of a pressure washer (e.g. Kärcher) at too close a distance or directed perpendicularly to the edges of adhesives.
• Chemical damage: deterioration of vinyl or colours due to exposure to hydrocarbons, solvents, brake cleaners or aggressive maintenance products.
• Fuel tank outgassing: GXS RACING declines all liability in the event of bubble formation or lifting on fuel tanks (notably on older vehicles or “large capacity” tanks). This phenomenon is due to porosity of the plastic allowing fuel vapour to escape (outgassing), pushing the adhesive away. This is not an adhesive defect but a chemical reaction of the substrate.
• Fitting climate conditions: the warranty does not apply if the Customer fitted the graphic kit at an ambient temperature below 15 °C or above 30 °C (fitting in a cold garage in winter compromises adhesion).
• Normal wear from use (boot/knee rubbing, falls).
• Removal damage: GXS RACING declines all liability for any damage occurring when removing adhesives (persistent adhesive residue, pulling of varnish or paint on repainted or non-original substrates).

7.3 Indivisibility of the kit

In the event of a proven defect on part of the kit (e.g. one shroud), the warranty is limited to replacement of the defective part and does not entitle the Customer to a refund of the entire kit.

7.4 Liability for Customer-supplied plastics

Where the Customer entrusts their own substrates (fairings, plastics) to GXS RACING for a fitting service: GXS RACING declines all liability in the event of breakage of mounting tabs or plastics weakened by wear or ageing during handling necessary for fitting.

Article 8. Cancellation and subcontracting

8.1 Cancellation

In the event of cancellation of a personalised order in progress by the Customer:

• If artwork has been produced: non-refundable design fee of 85 €.
• If production has started: the deposit is not refunded and GXS RACING may claim full payment.

If the Customer does not respond to proof approval requests within 30 working days, the order will be deemed resolved at the Customer’s fault (amounts retained).

8.2 Subcontracting

The Customer expressly authorises GXS RACING to subcontract all or part of performance of the order (manufacture, printing, fitting) to third-party partners of its choice, without having to inform the Customer in advance.

8.3 Force majeure

Performance of GXS RACING’s obligations under these Terms is suspended in the event of force majeure preventing their performance. GXS RACING will notify the Customer of the occurrence of such an event as soon as possible. The following are considered cases of force majeure, in addition to those habitually recognised by French court practice: total or partial strikes (internal or at carriers), blockage of transport or supply means for any reason, government or legal restrictions, computer failures or telecommunications blockages, as well as natural disasters.

8.4 Lack of Customer cooperation and dormant orders

For orders requiring prior action or supply of materials by the Customer (in particular: dispatch of plastics or fairings for template taking, transmission of technical information, supply of files, etc.), the Customer undertakes to provide these elements diligently to enable proper performance of the contract.

In the event of inactivity, prolonged silence or failure to supply elements blocking the production process for a period of sixty (60) calendar days (from the order date or GXS RACING’s first request), a simple reminder by email will be sent to the Customer. If this reminder remains unanswered or if the required elements have still not been dispatched within an additional period of fifteen (15) clear days following this email, the order will automatically be deemed abandoned and terminated at the Customer’s sole fault. To cover administrative costs incurred, processing time and scheduling immobilisation, all amounts already paid by the Customer (deposit or full payment) will be permanently retained by GXS RACING as a flat-rate indemnity. Consequently, no refund, exchange or credit note may be claimed.

Article 9. Disputes, reviews and mediation

In the event of a dispute, the Customer should in the first instance contact GXS RACING to seek an amicable solution.

Consumer mediation

In accordance with Articles L.616-1 and R.616-1 of the French Consumer Code, GXS RACING has designated [NAME OF YOUR MEDIATOR] as its mediation entity. In the event of a dispute not resolved amicably, the consumer may contact the mediator at the following coordinates:

• Website: [MEDIATOR WEBSITE]
• Postal address: [MEDIATOR ADDRESS]

Review moderation

GXS RACING reserves the right to report or remove any customer review published on its site or social networks that contains defamatory or abusive remarks, or that does not correspond to a verified purchase experience. Extortion via negative reviews to obtain an undue refund may give rise to legal proceedings.

Failing amicable agreement or mediation, the French courts shall have sole jurisdiction.

Article 10. Publicity rights

Unless written notice to the contrary at the time of order, the Customer authorises GXS RACING to use images of their work (photos of the kit alone or fitted to the vehicle) for promotional and advertising purposes on its communication channels (website, social networks, flyers, trade shows). GXS RACING undertakes to blur visible registration plates where necessary.

Article 11. Sponsorship and partnerships

Purchase of GXS RACING products, even on a repeated basis, does not confer on the Customer the status of sponsored rider, official rider or brand ambassador. Any partnership or sponsorship request must be the subject of a specific separate written agreement, approved by GXS RACING management.

Article 12. Personal data and Bloctel

12.1 GDPR

Data collected is necessary for processing the order. In accordance with the GDPR, the Customer has the right to access, rectify and delete their personal data by contacting GXS RACING.

12.2 Opposition to telephone canvassing (Bloctel)

In accordance with Article L.223-2 of the French Consumer Code, GXS RACING informs the Customer of their right to register on the “Bloctel” telephone canvassing opposition list, available at: www.bloctel.gouv.fr.

Article 13. General provisions

13.1 Amendment of the Terms

GXS RACING reserves the right to amend or update these General Terms and Conditions of Sale at any time, without prior notice. The version in force applicable to the order is that displayed on the site on the date of purchase.

13.2 No waiver

The fact that GXS RACING does not invoke any of the clauses of these Terms at a given time (including in the context of an exceptional commercial gesture) cannot be deemed a waiver of invoking those same clauses subsequently.

13.3 Partial invalidity / severability

If one or more provisions of these Terms are held to be invalid or declared as such under a law, regulation or following a final decision of a competent court, the other provisions shall retain their full force and effect.

13.4 Service continuity and data (cyber risks)

GXS RACING cannot be held liable for damage resulting from fraudulent intrusion (hacking), a virus, or interruption of the website service (hosting failure) leading to loss of data or the Customer’s order history.

13.5 Language of the contract

These Terms are drawn up in French. Where they are translated into one or more foreign languages, only the French text shall prevail in the event of a dispute.