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Conditions d'Utilisation

Terms of use

Information about the Website User Agreement

This Terms of Use document or Website User Agreement is a legal contract between you and McLaren Deutschland GmbH. References to "you", "your" or “customer” shall relate to a customer of McLaren Deutschland GmbH or any other party that visits, browses, shops, accesses or otherwise uses the McLarenEurope.com website; references to "McLaren" shall relate to McLaren Deutschland GmbH, a German registered company, located in Eschborn/Frankfurt, Germany, and its affiliates.)

By using the McLarenEurope.com website, where using also means visiting, browsing, shopping, and accessing, you acknowledge that you have read, understood, and agree to be bound by this Website User Agreement. You also acknowledge that you comply with all applicable laws and regulations pertaining to internet use and the access of this website. If you do not agree to this Website User Agreement, please leave the McLarenEurope.com website immediately.

Copyrighted Content

All content on this website is provided by McLaren or its third party suppliers, authors, and/or developers. Much of the content on this website is copyrighted and therefore protected by worldwide copyright laws and treaty provisions. You may not copy, adapt, modify, display, perform, or otherwise use any content or related materials (including use on any other web site, networked computer environment or any other media) without the prior written permission of McLaren and/or its third party providers. Any unauthorized use of any content or related materials on this website may violate copyright, trademark and other similar laws.

Website Access

The visitor is allowed to access and to use this McLarenEurope.com website and its content, but is not allowed to download (other than page caching) and to modify it, except with express written consent of McLaren. The following activity is not allowed:

  1. Any commercial use of any automated software (AKA robot or spider) (except such owned by Google, Yahoo and MSN), or manual process to monitor or copy portions of the website or the content contained herein without prior written permission by McLaren;
  2. Collection of any product descriptions, prices and images, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on this website;
  3. DoS attacks and other actions which can cause increased server load and decreased availability.

If you want to place a link to McLarenEurope.com website on your webpage, you are prohibited from doing so without the express written permission of McLaren representatives. You may not use any MCLAREN logo or other proprietary graphic or trademark as part of the link without the express written permission by McLaren representatives.

McLaren disclaims any responsibility whatsoever for the contents of any third-party sites linked to or from the McLarenEurope.com website.

Limitation of Liability

To the fullest extent allowed by law, under no circumstances shall McLaren, or any of McLaren’s current or former owners, officers, directors, shareholders, successors, predecessors, affiliates, parents divisions, subsidiaries, branches, units, partners, joint ventures, contractors, agents, and assigns be liable for lost revenue, profit, business interruption, loss of capital, or for any special, indirect, incidental, punitive, or consequential damages arising from the use of the McLarenEurope.com website. McLaren is not liable for any lost data, delays, breakdowns or interruptions in your use of this web site (including, without limitation, delays, breakdowns or interruptions due to problems with phone lines or modems, acts of god, failure of a telecommunications service provider to provide service, or theft or unauthorized access to the materials).

Privacy Policy

Please review our Privacy Policy to develop an understanding of our practices with respect to this important issue. Our Privacy Policy is also subject to these Terms of Website Use and its provisions are incorporated by this reference.

Communications Disclaimer

All communication (phone calls, emails, faxes or other forms of communication) you send to us will not be treated as confidential and/or proprietary unless explicitly requested in writing by you. Anything you send may be used by McLaren for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Also we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to McLaren or the McLarenEurope.com website for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Jurisdiction and Governing Law

This Agreement shall be deemed to have been made and accepted and is to be performed in Germany and the construction, interpretation, performance, and rights and remedies under this agreement shall be construed under and governed by the laws of Germany.

You hereby irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such proceeding and any claim that any such proceeding has been brought in an inconvenient forum.

If you are a citizen of the European Union:

You hereby agree that any dispute or claim arising from this Agreement will be governed by German law, without regard to any conflict of law provisions. You unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Sale Agreement, or any breach or threatened breach thereof, shall be settled exclusively under the Rules of Arbitration of Frankfurt Chamber of Commerce and Industry, Germany. The place of arbitration shall be Frankfurt International Arbitration Center.

If you are not citizen of the European Union:

You unconditionally consent and agree that the jurisdiction and venue of any dispute between parties regarding the construction, interpretation, performance, and rights and remedies under this Sale Agreement, or any breach or threatened breach thereof, shall be exclusively resolved in binding arbitration proceedings within Los Angeles County, California, United States of America.

This Agreement shall be deemed to have been made and accepted and is to be performed in Los Angeles County, California, United States of America and the construction, interpretation, performance, and rights and remedies under this agreement shall be construed under and governed by the laws of the State of California, without regard to its internal choice of law rules.

The arbitrator shall not award either party punitive, exemplary, incidental, multiplied or consequential damages where such limitation of damages is not otherwise prohibited by the law of the applicable state or jurisdiction.

Attorney’s Fees

If any legal action or any arbitration or other proceeding is brought for the enforcement or interpretation of this Website User Agreement, or because of an alleged dispute, breach, threatened breach, default, misrepresentation in connection with any of the provisions of this Website User Agreement, the successful prevailing party or parties shall be entitled to recover its reasonable attorneys fees and other costs incurred in that action or proceeding, including arbitrator’s fees and arbitration fees and expenses, in addition to any other relief to which it or they may be entitled.

Severability

If any provision of this Agreement is held to be illegal, invalid, or unenforceable under present or future laws, such provision will be removed from this Agreement and this Agreement will be interpreted and enforced as if the illegal, invalid, or unenforceable provision had never been a part of this Agreement and the remaining provisions will remain in effect and will not be affected by the illegal, invalid or unenforceable provision or its removal. Instead of the illegal, invalid or unenforceable provision, there will be added, as part of this Agreement, a provision as similar in commercial intent to the illegal, invalid or unenforceable provision as may be possible and still be legal and enforceable.

Disclaimer of Implied Warranties

To the fullest extent allowed by law, this Sale Agreement expressly excludes all implied warranties, oral or written, including, without limitation: (a) any implied warranties of merchantability; and (b) any and all implied warranties of fitness for a particular purpose. There are no warranties that extend beyond the description on the face thereof.

To the extent an implied warranty cannot be excluded under applicable law, the implied warranty is limited in duration to the applicable express warranty periods. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, the above limitation may not apply, and other rights may exist and may vary from jurisdiction to jurisdiction.

Terms and Conditions Revisions

McLaren reserves the right to update or modify this Agreement at any time without prior notice. Your use of McLarenEurope.com website, following any such change constitutes your agreement to follow and be bound by any such revisions of this Agreement. For this reason, we encourage you to review this Agreement each time you use this Site. This Agreement was last revised on June 1st, 2010.

Additional Disclaimers

This Website is operated by McLaren Deutschland GmbH, a German company. McLaren makes no representation that the information in this website is appropriate or available for use in other locations, and access to the mclarenurope.com website from territories where the content of the website may be illegal is prohibited. Those who choose to access the website from other locations do so at their own risk and are responsible for compliance with applicable local laws.

McLaren tries within reasonable limits to present accurate information on this website. Product descriptions, specifications, warranty, promotions, pricing, discounts, stock availability and photographic errors (if any) are unintentional and subject to correction without prior notice.

McLaren disclaims any warranty or liability for the information, particularly regarding its completeness, accuracy and timeliness. McLaren cannot be liable for any errors in the content of McLarenEurope.com. Any liability for damages incurred directly or indirectly from use of this website is excluded.