General Terms and Conditions of Sale
Updated: October 2025
APPLICATION AND ENFORCEABILITY OF THE GENERAL TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale (GTC) apply in their entirety to all orders placed by a third party, referred to as "customer", on the website extrem-motorsport.com, operated by via the production and marketing brand Extrem Motorsport, owned by ATOMO SAS and its subsidiaries and hereinafter referred to as the "Seller".
By extension, the General Terms and Conditions also apply to any transaction of Products or Services carried out outside the extrem-motorsport.com website by the seller.
By validating his order, the Customer acknowledges having read and accepted without reservation these General Terms and Conditions of Sale (GTC) and its appendices.
These General Terms and Conditions of Sale supersede and replace any previous version. The General Terms and Conditions are provided to any Customer upon request. Extrem Motorsport reserves the right to modify these General Terms and Conditions at any time. In such cases, the modifications will apply to any order for Products or Services placed after notification of the update.
In accordance with the provisions of Article L. 441-1 of the French Commercial Code, these General Terms and Conditions of Sale constitute the sole basis for commercial negotiations between Extrem Motorsport and the Client. They supersede all purchase conditions or any other document issued by the Client, regardless of its form or terms.
No special conditions may prevail over these General Terms and Conditions without the express written consent of Extrem Motorsport. Any conflicting conditions stipulated by the Client shall therefore be unenforceable against Extrem Motorsport unless expressly accepted, regardless of when they may have been brought to its attention.
PRODUCTS AND SERVICES
The Products and Services offered on the extrem-motorsport.com website are described and presented as accurately as possible. Illustrations and descriptions are not contractual.
In the event of a clear error, the Seller cannot be held liable.
ORDERS
The order is confirmed once payment is received. The Seller reserves the right to cancel any order in the event of a prior dispute, non-payment, or suspected non-compliance with applicable laws and restrictions in the country(ies) where the Products or Services are to be delivered or used. In this case, the order is automatically canceled and the transaction refunded, less any outstanding fees. The cancellation of an order does not entitle the customer to any compensation whatsoever.
All orders for Products or Services become final only after written confirmation from Extrem Motorsport of the order, its price, terms of execution, and delivery time (hereinafter the "Order Confirmation"). Consequently, once the Order Confirmation is sent by Extrem Motorsport, the order for Products or Services becomes firm, final, and subject to payment.
The acceptance of an order for Products or Services is subject to their physical availability. Therefore, any temporary or permanent unavailability of the Products or Services ordered by the Customer will not prevent Extrem Motorsport from processing the order. Extrem Motorsport will seek an amicable solution.
PRICE
Prices are quoted in euros (€) and are exclusive of tax. Delivery costs are added at checkout. In accordance with French regulations, taxes and customs duties in France, the importing country, or the transit country are additional and are the responsibility of the customer, as per local legislation.
The seller reserves the right to change prices at any time. However, products will be billed based on the rates in effect at the time the order is validated.
Delivery areas and tax terms are described on the " Delivery and Returns" page. "
For any request for study or manufacture (Services) of a specific Product not present identically on the extrem-motorsport.com website, Extrem Motorsport establishes and communicates to the Client an offer including the terms of execution, price and deadlines, all adapted to the specifications of the specifications submitted in writing by the Client.
Unless otherwise specified in the Order Confirmation, prices are quoted free of packaging, i.e. including the standard packaging costs of the Products, with the exception of special packaging and specific packaging, which is the subject of a special request from the customer.
PAYMENT
Individual customers (BtoC) :
Payment for purchases is made by credit card via the secure platform available on the extrem-motorsport.com website, at the time of ordering.
The order is considered final after the seller receives payment.
Business clients (BtoB) :
For products, payment for purchases is made by credit card via the secure platform present on the extrem-motorsport.com website, at the time of ordering.
The order is considered final after the seller receives payment.
For services, payments will be made according to the terms agreed between the Seller and the professional Client.
No discount is given for cash or advance payment, as applicable.
Commission/currency conversion fees outside the Eurozone and/or bank transaction fees are the responsibility of the Client.
In accordance with French law, any delay in payment will result in late payment penalty interest at the legal rate plus ten (10) times the legal interest rate plus a fixed compensation for recovery costs of forty euros (€40).
In the event of an alleged delay in delivery or non-conformity, regardless of the terms and conditions stipulated in the Customer's purchase documents and conditions, for example during a previous order and without limitation, any unauthorized compensation or suspension of payment will be considered by Extrem Motorsport as a delay in payment within the meaning of this article.
RIGHT OF WITHDRAWAL
Individual customers (BtoC) :
In accordance with current legislation, the Customer has a period from the receipt of their order to exercise their right of withdrawal, terms and conditions specified on the " Delivery and Returns " page .
Business clients (BtoB) :
In accordance with the consumer code, the right of withdrawal does not apply to professional clients.
DELIVERY OF PRODUCTS AND TRANSFER OF RISK
Individual customers (BtoC) :
Products are delivered to the address provided during the ordering process, according to the delivery method chosen by the customer . Delivery times are estimates only. No refunds will be issued in the event of a delivery delay.
Business clients (BtoB) :
Products are delivered to the address provided during the ordering process, according to the delivery method chosen by the customer. Delivery times are estimates only. No refunds will be issued in the event of a delivery delay.
For Services, delivery times are specified in the price quote and adapted to the specifications of the terms of reference submitted in writing by the Client. No refund will be issued in the event of a delivery delay.
Risk transfers upon delivery according to the Incoterm DAP. Extrem Motorsport shall not be held liable in any way, and shall not be subject to any penalties or damages, in the event of a delivery delay due to a force majeure event as defined by the French Civil Code, French case law, and these General Terms and Conditions.
CONFORMITY – HIDDEN DEFECTS – WARRANTY
Checking the condition of the goods upon receipt
The Products or Services designed, manufactured, and marketed by Extrem Motorsport comply with all applicable regulations and standards within their intended use. The condition, conformity, absence of apparent defects, quantity, and quality of the Products must be verified by the Customer upon delivery. The costs and risks associated with this verification remain the Customer's responsibility. To preserve any legal recourse against the carrier, the Customer is required to note any claims, reservations, or disputes on the delivery receipt, in the presence of the delivery driver, specifying the references and quantities of the Products concerned, and then confirm the claim with both the carrier and Extrem Motorsport within 24 hours of receiving the Products.
Product conformity
It is reminded that the condition and conformity in quality and quantity of the Products must be verified by the Customer upon receipt of the Products within 24 hours of the delivery date. Consequently, signing the delivery note without reservation constitutes full and unconditional acceptance of the delivery, the conformity in quality and quantity of the Products, and their packaging.
In the event of a claim, reservation, or dispute concerning the conformity of the Products in terms of quality and/or quantity, this must be addressed within 48 hours of the delivery date, in writing with acknowledgment of receipt to Extrem Motorsport. After this strict deadline, the Customer may not invoke the warranty of conformity of the Products for non-performance of the sales contract.
In any event, the implementation of the guarantee of conformity within the meaning of this article cannot take place in the event that the Products concerned have been implemented, modified, used and/or incorporated into other goods or elements of any kind, in any way whatsoever.
Warranty against hidden defects
The hidden defects for which the warranty of Products sold by Extrem Motorsport is claimed must have existed at the time of the transfer of risk. Therefore, the Customer must provide all necessary evidence regarding the existence of any hidden defects discovered prior to the transfer of risk. To invoke the warranty against hidden defects as defined in this article, the Customer must:
– To exercise the warranty claim within twelve (12) months of the product invoice date.
– Provide all justification as to the reality of the hidden defect invoked, in writing with acknowledgment of receipt, at the latest within seven (7) calendar days from the discovery of the defect.
If the aforementioned deadlines are not met, the Client will not be able to invoke the warranty against hidden defects or raise it as a counterclaim to defend against non-performance of the sales contract.
It is stated that no warranty applies to "consumable" type items, including but not limited to: screws, seals, accumulators/batteries, cables, bulbs, etc.
Defective products
Extrem Motorsport and its partners cannot be held liable on the basis of product liability as provided for in Articles 1245 et seq. of the Civil Code, for direct or indirect damages caused to property which is not used by the victim for their personal use or consumption .
RETURNS AND REFUNDS
Individual customers (BtoC) and business clients (BtoB) :
The return and refund procedures are detailed on the " Delivery and Returns " page .
Note that the return of the Product(s) and Extrem Motorsport's liability will be strictly limited to the replacement of the Product(s) concerned with one or more identical or similar Products, i.e. substitutable for those ordered, of the same quality and satisfying the same functions of use, provided that this fully complies with the conditions of these General Terms and Conditions.
Consequently, it is expressly agreed that the Customer shall not be entitled under any circumstances, in addition to the replacement of the Products, to the payment of any compensation, damages, deduction and/or penalties of any kind whatsoever in respect of the returned Products.
For the return of the Product(s) to Extrem Motorsport, the transport and the necessary legal procedures are the responsibility of the Customer.
SERVICES - CUSTOM PRODUCTION - INSURANCE
Extrem Motorsport and the Client may agree on specific developments, referred to as "Service" or "custom-made," according to a precise set of specifications. These specifications are drawn up by the Client, under their own responsibility. In turn, based on these specifications, Extrem Motorsport will formulate a technical and financial offer.
Following an order by the customer and compliance with the payment conditions, Extrem Motorsport will be liable for an obligation of means in the context of the performance of a service aimed at the establishment of a Study File or the provision of a study demonstrator, in agreement with the ordering Customer.
It is agreed that standardization certification is the responsibility of the Client as part of the performance of the Service or the provision of a study demonstrator developed by Extrem Motorsport, unless a standardization mission has been stipulated in the specifications. Any equipment left at Extrem Motorsport's disposal by the Client on Extrem Motorsport's premises requires the Client or the equipment owner to take out an appropriate, valid, and effective insurance policy.
Extrem Motorsport shall in no event be held liable to the Client or any third party for any direct or indirect damages that may be caused in this context.
RESPONSIBILITY
The Seller shall not be held liable for damages of any kind, whether material, immaterial or bodily, direct or indirect, which may result from misuse of the products sold, except in the case of serious or intentional fault on the part of the seller established by legal proceedings.
Customers agree expressly and in fact, that the Seller's liability is limited to the amount of the order.
The Client shall implement all useful and necessary precautions in order not to alter the quality of the Products or Services. Extrem Motorsport shall not be held liable, on any grounds and for any reason whatsoever, for any defect in the Product arising from use outside the definition or outside the regulations in force relating to the nature of the Product(s), if applicable.
RETENTION OF TITLE CLAUSE
Ownership of the Products sold is transferred only upon full payment of the price by the Customer, notwithstanding the rules regarding the transfer of risk outlined above. Payment includes the price of the Products, any related sales costs, and interest. If full payment is not received, Extrem Motorsport reserves the right to cancel the order.
The Products remaining in any event movable property, in the event of non-payment after delivery, the Customer shall at his own expense, risk and peril, return the unpaid Products after request from Extrem Motorsport in writing with acknowledgment of receipt, without the latter losing any of its rights, the Products in stock at the Customer being presumed to be those unpaid.
The Customer must oppose by all legal means any claims that third parties may assert against the Products sold by way of seizure, confiscation or equivalent procedure.
INTELLECTUAL AND INDUSTRIAL PROPERTY
All elements of the extrem-motorsport.com website are and remain the exclusive intellectual and industrial property of the Seller. No one is authorized to reproduce, exploit, or use any elements of the website, even partially, in any way whatsoever.
The Customer is expressly informed that the Products or Services, studied, manufactured and marketed by Extrem Motorsport are protected by a set of intellectual and/or industrial property rights within the meaning of the Intellectual Property Code and in particular, without this list being exhaustive: processes, project studies, patents, plans, designs and models, trademarks, logos, copyrights, distinctive signs, know-how, which belong entirely to Extrem Motorsport/ATOMO and its subsidiaries.
Consequently, and unless otherwise expressly agreed in advance by Extrem Motorsport/ATOMO and its subsidiaries, the Client shall refrain from using, reproducing, distributing, exploiting, modifying, correcting and/or infringing in any way whatsoever, including through any third party, on the Intellectual Property Rights belonging to Extrem Motorsport/ATOMO and its subsidiaries.
FORCE MAJEURE – UNFORESEEN CIRCUMSTANCES
Extrem Motorsport/ATOMO and its subsidiaries shall not be held liable under any circumstances in the event of a force majeure event preventing the performance of its obligations under these General Terms and Conditions. In addition to force majeure as defined by the French Civil Code and those usually recognized by French case law, the following are expressly considered force majeure events, without this list being exhaustive: wars, riots, pandemics, natural disasters, floods, fires affecting all or part of Extrem Motorsport's premises or those of its suppliers, strikes by all or part of Extrem Motorsport's staff or those of its suppliers, embargoes, governmental and/or legal restrictions, and malfunctions in transportation and/or in the supply of Products and/or raw materials by suppliers.
In the event that a force majeure event and/or its consequences persist for more than sixty (60) consecutive calendar days, each Party may terminate the sale, in writing with acknowledgment of receipt, without liability on either side.
Furthermore, the Client expressly acknowledges and accepts that it cannot unilaterally impose on Extrem Motorsport/ATOMO and its subsidiaries a renegotiation and/or conventional or judicial revision of the terms of sale (including price conditions) on the grounds of a change in circumstances unforeseeable at the time of the conclusion of the sale.
In fact, the Client expressly declares to assume the risk of all consequences which would be linked to a more onerous execution of the sales contract due to a change in circumstances unforeseeable at the time of the conclusion of the sale, thus automatically overriding the provisions of Article 1195 of the Civil Code and the associated case law.
PERSONAL DATA
The information collected by the extrem-motorsport.com website is necessary for processing the order. It is processed in accordance with our privacy policy, which can be found on the " Personal Data " page. "
In accordance with the GDPR, the Customer has the right to access, rectify and delete their data, to do so, please contact us via the contact form or send us a written request to the following address: Extrem Motorsport – 3 avenue Gustave Eiffel – 66600 Rivesaltes – France.
APPLICABLE LAW - DISPUTES - JURISDICTION
These General Terms and Conditions of Sale are governed by French law.
And in the event of a dispute, an amicable solution will be sought as a priority.
Failing that, all contractual or extra-contractual disputes relating to these General Terms and Conditions and the sales they govern (including the existence, enforceability, validity, interpretation, performance and/or non-performance of these General Terms and Conditions) shall be submitted to the competent courts of the jurisdiction of the Seller's registered office, even in the case of summary proceedings, incidental claims, third-party claims or multiple defendants.
