This is a translation of our Terms of Uses and Sales from the original French document. Please note that this translation is non-binding, and is provided as a courtesy to our Customers. Neither this translation nor any interpretation derived from it may be used in any legal confrontation.
This website is operated by the Prodrivers Association. On this site, the terms "we", "us" and "our" refer to Prodrivers Association. Prodrivers Association offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting this site and/or using and/or purchasing any of our products, you are engaging in our "Service" and agree to be bound by the following terms and conditions ("Terms of Use", "Terms of Use and Sale", "Terms of Services", "Terms of Services and Sale" "Terms"), including any additional terms, conditions and policies referenced and/or hyperlinked herein. These Terms apply to all users of the Services, including, but not limited to, users who browse the site, are visitors, vendors, customers, merchants and/or content contributors, or any other visitor or user of services other than the website.
The terms "personal data", "data subject", "processor" and "sensitive data" have the meaning defined by the General Data Protection Regulation (GDPR: No. 2016-679). Personal data means, with regard to Article 4 of Law No. 78-17 of January 6, 1978, "information that allows, in any form whatsoever, directly or not, the identification of the natural persons to whom it applies. "
Please read these terms of use carefully before accessing or using our website and services. By accessing or using any part of this site or any of our services, you agree to be bound by these terms of use. If you do not agree to all of the terms of this agreement, you should not access the website or use any of the services offered on the website or use any of the other services we offer. If these terms of use are considered an offer, acceptance is expressly limited to these terms of use.
Any new features and tools that are added to this website and our services in the future will also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. We reserve the right to update, modify or replace any part of these Terms of Use by posting updates and/or changes on our website. It is your responsibility to check this page regularly for changes. Your continued use of or access to the Website following the posting of changes will mean that you accept those changes.
1. Terms of Use of our services.
By accepting these Terms of Use, you represent that you have reached the age of majority in your country, state or province of residence, and that you have given us your consent to allow any minor in your care to use this website.
Use of our products for any illegal or unauthorized purpose is prohibited, and you may not, by using the service, violate any laws in your jurisdiction (including, without limitation, copyright laws).
You may not transmit any worms, viruses or other code of a destructive nature.
Any violation or breach of these Terms of Service, including the Supplemental Terms of Service, will result in immediate termination of your Services.
2. Terms and Conditions.
We reserve the right to deny access to the Services to any person at any time for any reason.
You understand that your content (excluding your credit card information) may be transferred in an unencrypted manner, and that this involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements for connecting networks or devices. Credit card information is always encrypted during transmission over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services or use of the Services, or any access to the Services or contact on the website, through which one or more Services are provided, without our prior express written permission.
The headings used in this Agreement are included for your convenience, and will not limit or affect these Terms.
3. Accuracy, Completeness and Currency of Information.
We are not responsible if the information available on this site is not accurate, complete or current. The content of this site is provided for informational purposes only and should not be relied upon as your sole source of information for making decisions without first consulting more accurate, complete and up-to-date information sources. If you decide to rely on the content presented on this site, you do so at your own risk.
This site may contain certain prior information. Such past information, by its nature, is not current and is provided for informational purposes only. We reserve the right to change the content of this site at any time, but we have no obligation to update the information on our site. You agree that it is your responsibility to monitor changes to our site.
4. Changes to Services and Prices.
We reserve the right at any time to modify or discontinue the Services (and any portion or content of the Services) without notice at any time.
Prices for our products and services are subject to change without notice.
We will not be liable to you or any third party for any change in price, suspension or discontinuance of the Services.
5. Products or Services (if any).
Certain products or services may be available exclusively online through our website. These products or services may be available in limited quantities and may only be subject to returns or exchanges in accordance with our Return Policy.
We have done our best to display as clearly as possible the colors and images of our products that appear on our store. We cannot guarantee that your computer screen will display colors accurately.
We reserve the right, but are not obligated, to limit sales of our products or services to any person, and in any geographic area 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 prices are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue offering any product at any time. Any offer of service or product made on this site is void where prohibited by law.
We do not warrant that the quality of any products, services, information, or other merchandise obtained or purchased by you will meet your expectations, or that any errors in the Services will be corrected.
6. Accuracy of billing and account information.
We reserve the right to refuse any order you place with us. We may, in our sole discretion, reduce or cancel quantities purchased per person, per household or per order. These restrictions could include orders placed by or from the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we change an order or cancel an order, we may attempt to notify you by contacting you at the email and/or billing address/phone number provided at the time the order was placed. We reserve the right to limit or prohibit orders that, in our sole judgment, may appear to be from merchants, resellers or distributors.
You agree to provide current, complete and accurate order and account information for all orders placed on our store. You agree to promptly update your account and other information, including your email address, credit card numbers and expiration dates, so that we may complete your transactions and contact you if necessary.
For more details, please see our Return Policy.
7. Optional Tools.
We may provide you with access to third party tools over which we have no control or influence.
You acknowledge and agree that we provide access to such tools on an "as is" and "as available" basis, without any warranties, representations or conditions of any kind and without any endorsement. We will have no legal liability arising from or related to the use of these optional third-party tools.
If you use any of the optional tools offered on the Site, you do so at your own risk and discretion, and you should consult the terms and conditions under which such tools are offered by the relevant third party provider(s).
We may also, in the future, offer new services and/or features on our Site (including new tools and resources). These new features and services will also be subject to these Terms of Use.
8. Third Party Links.
Some content, products and services available through our Services may include materials 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 required to review or evaluate the content or accuracy of these sites, and we do not warrant or assume any responsibility for any content, website, products, services or other items accessible on or from such third party sites.
We are not responsible for any harm or damage related to the purchase or use of any goods, services, resources, content, or any other transactions conducted in connection with such third-party websites. Please read the policies and practices of third parties carefully and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding these third party products should be submitted to the third party.
9. User Comments, Suggestions and Other Submissions.
If, at our request, you submit specific content (e.g., to enter contests), or if, without our request, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by e-mail, by mail, or otherwise (collectively, "Comments"), you grant us the right, at any time, and without limitation, to edit, copy, publish, distribute, translate, and otherwise use in any media any Comments you send us. We are not and shall not be obligated to (1) maintain the confidentiality of any Comments; (2) pay compensation to anyone for any Comments provided; or (3) respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we believe, in our sole discretion, is unlawful, offensive, threatening, abusive, defamatory, pornographic, obscene or otherwise objectionable, or that infringes any intellectual property or these Terms of Service.
You agree to write comments that do not violate the rights of third parties, including copyrights, trademarks, privacy, personality, or other personal or proprietary rights. You also agree that your comments will not contain any illegal, defamatory, offensive or obscene content, nor will they contain computer viruses or other malicious software that could in any way affect the operation of the Services or any associated website. You may not use a false email address, pretend to be someone you are not, or attempt to mislead us and/or third parties as to the origin of your comments. You are solely responsible for all comments you post and their accuracy. We take no responsibility and assume no liability for any comments you post or that any other third party posts.
10. Contractual Limitations on Technical Data.
The Services may use JavaScript technology. The Services shall not be liable for any material damages related to the use of the site. In addition, the user agrees to use the Services using recent, virus-free equipment with the latest updated software. Our Services are hosted by service providers in the European Union in accordance with the provisions of the General Data Protection Regulation (RGPD: No. 2016-679)
The objective is to provide a service that ensures the best rate of accessibility. The hosts ensure the continuity of its service 24 hours a day, every day of the year. However, they reserve the right to interrupt the hosting service for the shortest possible period of time, in particular for maintenance purposes, to improve its infrastructure, in the event of a failure of its infrastructure or if the Services generate traffic that is considered abnormal.
Neither we nor the host can be held responsible in case of malfunction of the Internet network, telephone lines or computer and telephony equipment related in particular to network congestion preventing access to servers.
11. Intellectual property and counterfeit.
We are the owners of the intellectual property rights and hold the rights of use on all the elements accessible on the Services, in particular the texts, images, graphics, logos, videos, icons and sounds. Any reproduction, representation, modification, publication, adaptation of all or part of the elements of the site, whatever the means or the process used, is prohibited, except with our prior written authorization.
Any unauthorized exploitation of the Services or of any of the elements contained therein will be considered as constituting an infringement and will be prosecuted in accordance with the provisions of articles L.335-2 and following of the Intellectual Property Code.
12. Management of personal data.
The Customer is informed of the regulations concerning marketing communication, the law of June 21, 2014 for confidence in the Digital Economy, the Data Protection Act of August 06, 2004 as well as the General Data Protection Regulation (RGPD: n° 2016-679).
12.1. Persons responsible for the collection of Personal Data.
For the Personal Data collected in the context of the creation of your personal account and your use of the Services, the person responsible for the processing of Personal Data is: Prodrivers, represented by the Publication Team of the Prodrivers Association, its legal representative.
As those responsible for processing the data we collect, we undertake to comply with the legal provisions in force. In particular, it is our responsibility to establish the purposes of our data processing, to provide you and our prospects, from the collection of their consents, with complete information on the processing of their personal data and to maintain a register of the processing in accordance with reality. Whenever we process Personal Data, we take all reasonable steps to ensure that the Personal Data is accurate and relevant to the purposes for which we process it.
12.2. Purpose of the data collected.
We may process some or all of the Data:
- to enable the use of the Services and the management and traceability of the services ordered by the user: connection and use data of the Services, billing, order history, etc.
- to prevent and fight against computer fraud (spamming, hacking...): computer equipment used for navigation, IP address, password (hashed)
- to improve the use of the Services: connection and usage data
- to conduct optional satisfaction surveys on our Services: email address
- to conduct communication campaigns (SMS, email): phone number, email address
We do not sell your personal data which are only used by necessity or for statistical and analysis purposes.
12.3. Right of access, rectification and opposition.
In accordance with the European regulations in force, you have the following rights:
- right of access (Article 15 RGPD) and rectification (Article 16 RGPD), update, completeness of Users' data right of blocking or deletion of Users' personal data (Article 17 RGPD), when they are inaccurate, incomplete, equivocal, outdated, or whose collection, use, communication or storage is prohibited
- the right to withdraw consent at any time (Article 13-2c GDPR)
- the right to limit the processing of Users' data (article 18 RGPD)
- right to object to the processing of Users' data (Article 21 GDPR)
- the right to portability of the data provided by the Users, when such data are subject to automated processing based on their consent or on a contract (Article 20 GDPR)
- the right to define the fate of Users' data after their death and to choose to whom we shall communicate (or not) their data to a third party that they have previously designated
As soon as we become aware of a User's death and in the absence of instructions from the User, we undertake to destroy the User's data, except where its retention is necessary for evidential purposes or to meet a legal obligation.
If you wish to know how we use your Personal Data, ask to rectify them or object to their processing, you can contact us by e-mail at the following address
In this case, you must indicate the Personal Data you would like us to correct, update or delete, identifying yourself precisely with a copy of an identity document (identity card or passport).
Requests for the deletion of Personal Data will be subject to the obligations imposed on us by law, in particular as regards the retention or archiving of documents. Finally, you may file a complaint with the supervisory authorities, including the CNIL.
12.4. Non-communication of personal data.
We will not process, host or transfer your collected Information to a country outside the European Union or recognized as "non-adequate" by the European Commission without prior notice to the customer. For all that, we remain free to choose our technical and commercial subcontractors provided that they present sufficient guarantees with regard to the requirements of the General Data Protection Regulation (RGPD: n° 2016-679).
We undertake to take all necessary precautions to preserve the security of the Information and in particular that it is not communicated to unauthorized persons. However, if an incident affecting the integrity or confidentiality of your Information is brought to our attention, we shall inform you as soon as possible and inform you of the corrective measures taken. Furthermore, we do not collect any "sensitive data".
Your Personal Data may be processed by our subsidiaries and subcontractors (service providers), exclusively in order to achieve the purposes of this policy.
Within the limits of their respective attributions and for the purposes mentioned above, the main persons likely to have access to our Users' data are mainly our customer service agents.
13. Incident Notification.
Despite our best efforts, no method of transmission over the Internet and no method of electronic storage is completely secure. Therefore, we cannot guarantee absolute security. If we become aware of a security breach, we will notify affected users so that they can take appropriate action. Our incident notification procedures take into account our legal obligations, whether at the national or European level. We are committed to fully informing our customers of all matters relating to the security of their account and to providing them with all the information necessary to help them meet their own regulatory reporting obligations.
No personal information of the user of the Services is published without the user's knowledge, exchanged, transferred, assigned or sold on any medium to third parties. Only the assumption of our purchase and our rights would allow the transmission of the said information to the eventual purchaser who would in turn be held to the same obligation of conservation and modification of the data with respect to the user of the Services.
13.a. Security.
To ensure the security and confidentiality of Personal Data and Personal Health Information, we use networks protected by standard devices such as firewalls, pseudonymization, encryption and passwords.
When processing Personal Data, we take all reasonable steps to protect it from loss, misuse, unauthorized access, disclosure, alteration or destruction.
14. Cookies and Internet Tags.
Our Services may contain a number of hyperlinks to other sites, set up with our permission. However, we do not have the possibility of checking the content of the sites thus visited, and consequently will not assume any responsibility for this fact.
Unless you decide to disable cookies, you agree that the site can use them. You can deactivate these cookies at any time, free of charge, using the deactivation options offered to you and recalled below, knowing that this may reduce or prevent access to all or part of the Services offered by the site.
14.1 "Cookies".
A "cookie" is a small information file sent to your browser and stored on your terminal (e.g. computer, smartphone), (hereinafter "Cookies"). This file includes information such as your domain name, your Internet service provider, your operating system, and the date and time of access. Cookies will not damage your device in any way. We may process information about your visit to the Site, such as pages viewed, searches performed. This information allows us to improve the content of the Services and your use of them.
Cookies facilitate navigation and/or the provision of services offered by the Site, you can configure your browser to allow you to decide whether or not you wish to accept them so that cookies are stored in your terminal or, on the contrary, that they are rejected, either systematically or according to their sender. You can also configure your browser so that you are offered the option of accepting or rejecting cookies from time to time, before a cookie is stored on your computer. We inform you that, in this case, not all the functionalities of our Services may be available.
If you do not want Cookies to be stored on your device or browser, or if you delete Cookies from your device or browser, you should be aware that your browsing and experience on the Services may be limited. This may also be the case where we or one of our service providers cannot recognize, for technical compatibility purposes, the type of browser used by the terminal, the language and display settings or the country from which the terminal appears to be connected to the Internet.
Where applicable, we decline all responsibility for the consequences linked to the degraded operation of any Services offered, resulting (i) from the User's refusal of Cookies (ii) from our inability to save or consult the Cookies necessary for their operation due to the User's choice.
To manage Cookies and User choices, the configuration of each browser is different. This is described in the browser's help menu, which will indicate how the User can modify his or her wishes with regard to Cookies.
You can choose to express and modify your cookie preferences at any time. We may also use the services of external service providers to help us collect and process the information described in this section. This Site complies with the "Do Not Track" standard and associates a "Do Not Track" signal from your browser as a refusal of consent.
Finally, by clicking on the icons dedicated to the social networks Twitter, Facebook, Twitch and YouTube appearing on our Services and if you have accepted the deposit of cookies by continuing your use of the Services, Twitter, Facebook, Twitch and YouTube may also deposit cookies on your terminals (computer, tablet, cell phone).
These types of cookies are deposited on your terminals only if you consent to them, by continuing your use of our Services. At any time, you can nevertheless withdraw your consent to our depositing this type of cookie.
14.2. Internet Tags.
We may occasionally use Internet tags (also known as "tags," or action tags, single-pixel GIFs, clear GIFs, invisible GIFs, and one-to-one GIFs) and deploy them through a web analytics partner that may be located (and therefore store information, including your IP address) in a foreign country.
These tags are placed both in online advertisements that allow users to access the Site and on individual pages of the Site.
This technology allows us to measure visitors' responses to the Services and the effectiveness of its actions (e.g., the number of times a page is opened and the information viewed), as well as the User's use of the Services.
The external provider may collect information about users of the Services and other websites through these tags, compile reports on the activity of the Services for us, and provide other services related to the use of the Services and the Internet.
This Site complies with the "Do Not Track" standard and associates a "Do Not Track" signal from your browser as a refusal of consent.
15. Errors, Inaccuracies and Omissions.
There may be times when information on our site or in the Services may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, prices, promotions, offers, product shipping costs, delivery times and availability. We reserve the right to correct any errors, inaccuracies, omissions, and to change or update information or cancel orders, if any information on the Services or any associated website is inaccurate, at any time without notice (including after you have placed your order).
We are under no obligation to update, modify or clarify any information in the Services or on any associated website, including, but not limited to, pricing information, except as required by law. No defined update or refresh date in the Services or any associated website should be taken as a basis for concluding that the information in the Services or any associated website has been changed or updated.
16. Prohibited Uses.
In addition to the prohibitions set forth in the Terms and Conditions of Use, you are prohibited from using the Site or its contents: (a) for illegal purposes; (b) to induce others to perform or participate in illegal acts; (c) to violate any regional ordinance or any international, federal, provincial, or state law, rule, or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of third parties; (e) harass, abuse, insult, hurt, defame, slander, libel, disparage, intimidate or discriminate against anyone on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) submit false or misleading information (g) to upload or transmit viruses or any other type of malicious code that will or may be used to compromise the functionality or operation of the Services or any associated, independent, or Internet web site; (h) to collect or track the personal information of others (i) to spam, phish, hijack, extort information, browse, explore or scan the web (or any other resource); (j) for obscene or immoral purposes; or (k) to interfere with or circumvent security measures of our Service, any other website, or the Internet. We reserve the right to terminate your use of the Services or any related website for violating the prohibited uses.
17. Disclaimer of Warranties and Limitation of Liability.
We do not warrant or represent that your use of our Services will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained through the use of the Services will be accurate or reliable.
You agree that from time to time we may discontinue the Services for indefinite periods of time or cancel the Services at any time, without prior notice to you.
You expressly agree that your use of, or inability to use, the Services is at your sole risk. The Services and all products and services provided to you through the Services are (unless otherwise expressly stated by us) provided on an "as is" and "as available" basis for your use without representation, warranty or condition of any kind, either express or implied, including all implied warranties of merchantability or merchantable quality, fitness for a particular purpose, durability, title and non-infringement.
In no event shall Prodrivers Association, our directors, officers, employees, affiliates, agents, contractors, interns, members, suppliers, service providers and licensors be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, but not limited to, loss of profits, revenue, savings, data, replacement costs, or any similar damages, whether in contract, tort (even negligence), in contract, tort (including negligence), strict liability or otherwise, arising out of your use of any service or product from the Service, or for any other claim relating in any way to your use of the Services or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Services or any content (or product) posted, transmitted, or otherwise made available through the Service, even if you have been advised of the possibility of such claims arising. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability will be limited to the maximum extent permitted by law.
Interactive areas (possibility to ask questions in the contact area) are available to users. We reserve the right to delete, without prior notice, any content posted in this area that contravenes the legislation applicable in France, in particular the provisions relating to data protection. If necessary, we also reserve the possibility of calling into question the civil and/or penal responsibility of the user, in particular in the event of message with racist, injurious, defamatory, or pornographic character, whatever the support used (text, photograph?).
18. Returns, Refunds and Cancellations.
In the event of a Service malfunction, contact us for assistance.
The license to use the Services sold on our Services takes effect upon completion of the order, at which time you may not cancel your order, unless a withdrawal period is required by law. Note, however, that under these laws the Services are considered digital content and by clicking "Buy" you expressly consent to their immediate delivery to you and thereby waive your right of withdrawal.
Both you and we may terminate your account at any time. The rights granted under these Terms of Use will terminate on the date your account is terminated. The provisions of the "Restrictions and Obligations" and "Liabilities" sections above will survive termination of your account.
19 Indemnification.
You agree to indemnify, defend and hold harmless Association Prodrivers, our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents referenced herein, or your violation of any law or the rights of a third party.
20. Severability.
In the event that any provision of these Terms of Use is held to be unlawful, void or unenforceable, such provision shall nonetheless be enforced to the fullest extent permitted by law, and the unenforceable portion shall be deemed severable from these Terms of Use, such severance not to affect the validity and enforceability of any remaining provisions.
21. Termination.
The obligations and liabilities incurred by the parties prior to the date of termination shall survive the termination of this Agreement for all purposes.
These Terms of Use are effective unless and until terminated by either you or not. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If we determine, in our sole discretion, that you are unsuccessful, or if we suspect that you have been unable to comply with the terms of these Terms of Use, we may also terminate this agreement at any time without notice to you and you will remain liable for all amounts owing up to and including the date of termination, and/or we may deny you access to our Services (or any portion thereof).
22. Entire Agreement.
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service or any other operating policies or rules we post on this site or in connection with the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, and supersede all prior and contemporaneous communications, proposals and agreements, oral or written, between you and us (including, but not limited to, any prior version of the Terms of Service).
Any ambiguity in the interpretation of these Terms of Use shall not be construed to the detriment of the drafting party.
23. Applicable Law and Jurisdiction.
Any dispute in connection with the use of the Services is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the competent courts of Paris.
24. Changes to the Terms of Use and Sale.
You can consult the most recent version of the General Conditions of Use and Sale 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 Use by posting updates and changes on our site. It is your responsibility to visit our site regularly to check for changes. Your continued use of or access to our site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.
All or part of the following legal notices are provided courtesy of Orson and Shopify.
Translation courtesy in part of DeepL.
This is a translation of our Terms of Services from the original French document. Please note that this translation is non-binding, and is provided as a courtesy to our Customers. Neither this translation nor any interpretation derived from it may be used in any legal confrontation.