Terms of Sale

These terms apply exclusively to sales concluded between Forward Race Parts and professional buyers acting within the scope of their commercial, industrial, craft or liberal activity.

Any order placed on the B2B site, any quotation request, any quotation acceptance, any payment, or any written confirmation by email implies full, entire and unreserved acceptance of these terms.

Prices are expressed in euros excluding taxes, unless otherwise indicated. Any taxes, bank fees, transport costs, customs clearance fees, import duties and local charges remain at the buyer's expense.

The minimum order quantities, discounts, price lists, special conditions and lead times announced by Forward Race Parts may be modified at any time for orders not yet confirmed. These terms specify in particular the payment conditions and the elements for determining the price in accordance with the provisions applicable to relations between professionals.

Unless otherwise agreed in writing, payment is made exclusively by bank transfer and must be received in full before shipment. In the event of express agreement on deferred payment, the payment period may not in principle exceed sixty days from the date of issue of the invoice, subject to specific legal cases.

In accordance with Article L.441-10 of the French Commercial Code, any late payment shall automatically and without prior formal notice result in the application of late payment penalties calculated on the totality of the amounts remaining due at the interest rate applied by the European Central Bank to its most recent refinancing operation increased by ten percentage points. These penalties run from the day following the due date shown on the invoice until full payment.

In accordance with Articles L.441-10 and D.441-5 of the French Commercial Code, any late payment shall also result in the application of a fixed recovery indemnity of forty euros per unpaid invoice. When the recovery costs actually incurred exceed this amount, Forward Race Parts reserves the right to claim additional compensation upon justification.

The goods sold remain the exclusive property of Forward Race Parts until full payment of the price in principal, interest, penalties and accessories. The transfer of risks nevertheless occurs as soon as the goods are delivered to the first carrier, in accordance with the applicable Incoterm. In the event of default of payment, Forward Race Parts may claim the restitution of the goods at the sole expense of the buyer, without prejudice to any other recourse.

No order may be cancelled or modified by the buyer after written validation by Forward Race Parts.

Production and shipping lead times are communicated for information purposes only, unless Forward Race Parts expressly undertakes otherwise. No delay may justify the cancellation of the order, the refusal of payment, the application of penalties, or the award of damages.

The responsibility of Forward Race Parts shall not be engaged in the event of force majeure or any event beyond its reasonable control, in particular supply disruption or delay, failure of a supplier or subcontractor, breakdown or unavailability of production equipment, surface treatment incident, strike, social conflict, fire, flood, bad weather, accident, pandemic, administrative decision, embargo, international sanction, customs closure, delay or failure of the carrier, or any other cause beyond the control of Forward Race Parts. In such cases, the lead times are automatically suspended for the duration of the event and Forward Race Parts may not be held responsible for the consequences resulting therefrom.

The total liability of Forward Race Parts, all causes combined, is strictly limited to the amount excluding taxes actually paid by the buyer for the product concerned.

These terms are governed by French law, to the exclusion of any other legislation and of the Vienna Convention on the International Sale of Goods. Any dispute relating to their formation, execution, interpretation or termination, as well as to any order, invoice or commercial relationship between the parties, shall fall under the exclusive jurisdiction of the Commercial Court of La Rochelle, even in the event of multiple defendants, warranty claims, incidental claims, emergency proceedings or conservatory proceedings, and notwithstanding any clause to the contrary appearing on the buyer's documents.


Terms of Service

Access to the Forward Race Parts B2B site is strictly reserved for professionals previously approved by Forward Race Parts.

Forward Race Parts reserves the right to refuse, suspend or terminate at any time access to any reseller account, without notice, in particular in the event of unauthorized use of the site, disclosure of prices, non compliance with these terms, payment default, or damage to the Forward Race Parts brand image.

The information, prices, visuals, technical documents, references, commercial conditions and contents present on the B2B site are provided on a strictly confidential basis and exclusively for the purposes of the commercial relationship between Forward Race Parts and the authorized reseller.

The reseller shall refrain from publishing, reproducing, transmitting, communicating or exploiting all or part of these elements without prior written authorization from Forward Race Parts.

Forward Race Parts reserves the right to correct at any time any material error, pricing error, availability error, description error or technical error present on the B2B site, including after issuance of a quotation or recording of an order, as long as the latter has not been expressly confirmed in writing.

The reseller shall refrain, throughout the duration of the commercial relationship and for a period of twenty four months from its termination for any cause whatsoever, from directly or indirectly soliciting the suppliers, subcontractors, service providers, technical partners and identified collaborators of Forward Race Parts, as well as from seeking to reproduce, have reproduced or have manufactured by a third party all or part of Forward Race Parts products or substantially similar products.

Intellectual Property

All elements constituting the Forward Race Parts brand universe, including trademarks, logos, denominations, visuals, photographs, videos, texts, drawings, models, files, technical documents, presentations, product references, packaging and concepts, remain the exclusive property of Forward Race Parts.

The Forward Race Parts denomination is the subject of a trademark filing with the French National Institute of Industrial Property (INPI). Any unauthorized use of the trademark, its variations, its logos or its distinctive elements is likely to engage the civil and criminal liability of its author.

No right of ownership, reproduction, distribution, modification, adaptation or exploitation is granted to the reseller, except with prior and express written authorization from Forward Race Parts.

Any unauthorized use of Forward Race Parts brand elements or content may result in the immediate suspension of the commercial relationship, without prejudice to any further action.

Commercial Confidentiality

Professional prices, discounts, special conditions, price lists, B2B catalogs, quotations, technical documents, commercial documents and information exchanged with Forward Race Parts are strictly confidential.

The reseller shall refrain from communicating, distributing, publishing, transmitting or making accessible to any third party these elements, in particular to end customers, competitors, marketplaces, other distributors or service providers, without prior written authorization from Forward Race Parts.

No B2B price may be displayed publicly online, disseminated on a marketplace, communicated to a third party or integrated into a public commercial medium without prior written agreement from Forward Race Parts.

Any breach of this obligation may result in the immediate suspension or the termination without notice of the commercial relationship.


Return and Refund Policy

Forward Race Parts products are intended exclusively for a clientele of professionals acting within the scope of their business activity.

All Forward Race Parts products undergo rigorous quality control prior to shipment. Consequently, no claim, return, order cancellation, product return or refund shall be accepted after delivery, except in the case of a manifest manufacturing defect expressly acknowledged by Forward Race Parts.

Any claim relating to an apparent non conformity, a visible defect, a reference error, a quantity error or a transport damage must be submitted in writing within a maximum period of five business days following receipt of the goods, accompanied by sufficiently detailed photographs. Beyond this period, the products shall be deemed conforming, complete and accepted without reservation.

Any claim relating to a non apparent defect must be submitted in writing within a maximum period of thirty calendar days from the effective discovery of the defect, accompanied by sufficiently detailed photographs and a detailed technical description. The hidden defect warranty applies exclusively between professionals of the same specialty and within the limits set by these terms.

No return shall be accepted without prior written agreement from Forward Race Parts. Any product returned without prior authorization may be refused or redirected at the sole expense of the sender.

The Forward Race Parts warranty is strictly limited, at its sole discretion, to the replacement of the product acknowledged as defective or to the refund of its purchase price excluding taxes. No other compensation may be claimed, in particular for loss of operation, loss of earnings, delay, labor cost, disassembly cost, reassembly cost, commercial prejudice, damage to image, or any indirect damage.

The warranty applies only to the first professional buyer having contracted directly with Forward Race Parts and is not transferable to the reseller's end customer without prior written agreement from Forward Race Parts.

Products manufactured to order, in small series, customized, modified, anodized, coated or prepared according to the customer's specifications may not be subject to any cancellation, return or refund once production has been launched.

As products are individually packaged in their final packaging, inspection upon receipt shall relate exclusively to the external condition of the parcels, the quantities delivered, the references delivered and the apparent good condition of the packaging.

Any transport damage or apparent non conformity must be reported in writing within the same period of five business days, with supporting photographs.

In the event of a claim made after resale to an end customer, the reseller shall submit a complete written request accompanied by detailed photographs of the product concerned. No processing shall take place without prior written agreement from Forward Race Parts.

Forward Race Parts reserves the right to refuse any claim related to misuse, incorrect installation, unreported incompatibility, normal wear, lack of maintenance, transformation, modification, impact, competition use, or any use not consistent with the intended purpose of the product.

The fourteen day withdrawal right applies to consumers in distance selling and does not constitute the standard regime applicable to B2B relations between professionals acting within the scope of their activity.

 

Shipping Policy

Orders are shipped to the address indicated by the buyer, under their sole responsibility.

The announced lead times are indicative and depend in particular on the quantities ordered, production capacities, supplies, surface treatments, transport and any customs formalities.

Unless otherwise agreed in writing, shipments are carried out under Incoterm FCA Aytré (Incoterms 2020). The transfer of risks occurs upon delivery of the goods to the first carrier.

Unless otherwise agreed in writing, shipping costs, insurance costs, customs duties, local taxes, import fees and ancillary formalities are at the sole expense of the buyer.

It is the buyer's responsibility to check the condition of the parcels upon receipt and to immediately issue any necessary reservations to the carrier, then to confirm the claim to Forward Race Parts within a maximum period of five business days, with supporting photographs.

No shipping delay, no customs holding, no transport contingency or loss of operation resulting therefrom may engage the responsibility of Forward Race Parts beyond the strict refund or replacement of the product concerned, if such responsibility is retained.

Forward Race Parts Shipping Protection

Forward Race Parts offers its resellers an optional shipping protection service, named "Forward Race Parts Shipping Protection", intended to cover the goods during transit. This protection is not an insurance contract within the meaning of the French Insurance Code, but a contractual protection granted by Forward Race Parts within the framework of its commercial relationship with the reseller.

This protection is offered at the time of order validation on the B2B site, in the form of a checkbox activated by default. The reseller retains the option to decline it by unchecking the box before the final validation of the order. In the event of refusal, the shipment is carried out at the sole risk of the buyer in accordance with Incoterm FCA Aytré, without any claim being possible against Forward Race Parts in respect of a transport loss.

The cost of the shipping protection amounts to two percent of the value excluding taxes of the order, with a minimum amount of five euros per shipment. This cost is added to the invoice and identified under the line item "Forward Race Parts Shipping Protection".

The protection covers the shipped goods against loss, theft and damage occurring during transit, from the handover of the parcel to the carrier until the effective delivery to the recipient indicated on the label. The protection also covers theft of the parcel after delivery when deposited at the indicated address.

The indemnification relates to the invoiced value excluding taxes of the goods concerned, up to a limit of five thousand euros per parcel. For any order whose value exceeds five thousand euros, Forward Race Parts will proceed with the distribution of the goods into several parcels in order to maintain full coverage, at no additional cost to the reseller and without the need for prior notice. For any order whose value exceeds twenty thousand euros, a specific extension of protection may be subscribed upon written request prior to shipment, subject to acceptance by Forward Race Parts and invoicing of an additional cost.

The following are excluded from the protection, without this list being exhaustive: damage prior to shipment, damage resulting from packaging supplied by the buyer, customs duties and local taxes, customs clearance and reshipment fees linked to administrative retention, loss of operation, loss of earnings and indirect prejudice, losses resulting from an incorrect, incomplete or erroneous delivery address provided by the buyer, losses resulting from competition use or non conforming handling by the buyer or its recipient, losses resulting from a case of force majeure as defined in the Terms of Sale, as well as products explicitly excluded from the underlying insurance conditions (consumer electronic products, jewelry, antiques, perishable goods, vehicles, tobacco).

Any claim under the shipping protection must be submitted in writing to Contact.b2b@forwardraceparts.com within a maximum period of five business days following the occurrence of the loss, or, in the case of a parcel indicated as delivered but not received, within a maximum period of seven business days following the delivery date displayed by the carrier. Beyond these deadlines, no claim may be taken into account.

The claim must be accompanied by the following documents: detailed photographs of the parcel and the goods, delivery slip, order references, copy of the invoice and, if applicable, official statement established with the carrier. Forward Race Parts reserves the right to request any additional document necessary for the processing of the file.

After validation of the file, Forward Race Parts will proceed, at its sole discretion, with the replacement of the goods concerned or the refund of their invoiced value excluding taxes, within the limit of the provided ceiling. No other compensation may be claimed on any ground whatsoever.

The Forward Race Parts Shipping Protection does not replace the legal obligations of the buyer regarding reservations to the carrier, which remain the sole responsibility of the buyer in accordance with Articles L.133-1 et seq. of the French Commercial Code.