Terms of sale

1. Purpose and scope

These terms exclusively govern the paid services sold by Traxraceto customers acting in a professional capacity: the site’s advertising space and, once it is opened for sale, the service of promoting a directory listing. They concern neither free browsing of the site (governed by the terms of use) nor any consumer: Traxrace sells nothing to private individuals at this time.

2. Who can order

These services are reserved for professionals (company, association, self-employed person) acting for the purposes of their business. An order placed under these terms constitutes a declaration by the customer that they are acting in that capacity. Traxrace may refuse an order whose business sector is incompatible with its editorial line, without having to justify it.

3. The services

The available advertising placements, their format and their current price are presented on the Advertisers page, the only up-to-date reference: this page prevails over any earlier price list. Each placement is sold as a monthly subscription and displays a creative supplied by the customer, always labelled “Advertisement”. Traxrace guarantees no result (clicks, views, conversions) unless a quantified commitment has been agreed in writing for a given order.

4. Order and payment

Each order is negotiated directly with Traxrace, which then sends a secure payment link (Stripe) corresponding to the agreed offer. The contract is formed, and these terms are definitively accepted, upon payment of the first subscription. Payment is made exclusively by card via Stripe, on a monthly basis and by recurring debit until cancellation; Traxrace has no access to any banking data, which is processed only by Stripe. Prices are expressed in euros; Nextfabrique operating under the French VAT exemption scheme for small businesses (“franchise en base de TVA”, Article 293 B of the French General Tax Code), they do not include VAT.

5. Term and cancellation

Unless a specific commitment has been agreed in exchange for a discount, each subscription is monthly, with no minimum term, and is renewed each month by automatic debit. You may cancel at any time effective the following month, by simple message to contact@traxrace.com; the period already begun remains due. In the case of a minimum-term commitment, early cancellation on your part remains payable until the end of the term, unless otherwise agreed.

6. No right of withdrawal

As these services are concluded between professionals for the purposes of their business, you do not benefit from the right of withdrawal reserved for consumers by the French Consumer Code.

7. Late payment

In accordance with the French Commercial Code, any late payment automatically incurs a penalty calculated at the European Central Bank’s key interest rate plus ten percentage points, together with a fixed recovery indemnity of 40 euros. Traxrace may suspend the display of your creative until full payment.

8. Supplied content and obligations

You warrant that you hold the rights (trademark, image, intellectual property) necessary to display your creative, and that it complies with applicable regulations. Traxrace may refuse, suspend or remove without notice any content that is unlawful, misleading or contrary to its editorial line, without this giving rise to a refund where the breach is attributable to you.

9. An editorial line that is not for sale

Buying a placement or a promoted listing gives no right over the editorial content of the site: listings, the calendar and the directory ranking remain under the sole responsibility of Traxraceand are never for sale. Sponsored content, if any, is always identified as such.

10. Liability

Traxrace’s liability under these terms is limited to direct damage resulting from a proven fault in the performance of the service, excluding any indirect damage (loss of revenue, image or customers), and capped at the amount paid for the last three months of subscription. This limit does not apply in the event of gross or intentional misconduct.

11. Breach

In the event of a breach on your part (non-payment, non-compliant content), Traxrace may suspend the service after formal notice remaining without effect for fifteen days, without prejudice to termination and to retention of the sums already paid.

12. Changes to the terms

These terms may change for future orders; an order in progress remains governed by the version accepted when it was subscribed, except for a regulatory change notified with reasonable notice.

13. Governing law and disputes

These terms are governed by French law. In case of disagreement, first write to contact@traxrace.com. Failing an amicable settlement, the dispute falls within the jurisdiction of the Commercial Court of Manosque, including in the case of multiple defendants.