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GENERAL TERMS AND CONDITIONS OF SALE

All orders placed on the site http://www.lemans-store.com ("the Site" or "the boutique") are governed by these Terms and Conditions of Sale, as well as by the LEMANS-STORE.COM User Charter or the Charter which is an integral part thereof-, to the exclusion of all other terms and conditions.
The site can be accessed at the following addresses:
http://www.lemans-store.com
http://www.lemans-store.fr
http://www.lemans-store.org
http://www.lemans-shop.com
http://www.lemans-shop.fr
http://www.lemans-shop.org
http://www.lemans-boutique.com
http://www.lemans-boutique.fr
http://www.lemans-boutique.org

1 – The products:

The boutique offers products for sale connected with mechanical sports and delivers all over the world.
Despite the care taken in describing the products and their photo illustrations, their characteristics may be changed by the suppliers, which will be indicated when the order is placed.

Offers are within the limit of stocks available. The offers are updated regularly and when the order is placed the products' availability is confirmed. If the product is not available owing an error or an exceptional change made by the supplier, the product will no longer be available after placing the order, the boutique's purchaser (the Purchaser") will be so informed within the shortest possible time and may request cancellation with the price reimbursed or have the order changed.

2 – The order:

2.1 The Purchaser declares and guarantees that he has the legal capacity to enter into a contract or to make a commitment, to be aged 18 years or more, or, if he is a minor or legally incapable, to have authorisation from a person with parental authority, or from a guardian or trustee.

2.2 The Purchaser must fill in a purchase order given in the boutique's pages, filling in all the obligatory fields, particularly the e-mail address and creating a password. When the correctly filled-in order is recorded, the Purchaser will become a holder of a personal account, accessible by password. All purchases made by the Purchaser on the Site will be made through this account.

2.3 Thanks to the password, the Purchaser has the right to use the personal, selective and non-transferable Site, which, subject to the Purchaser retaining it, guarantees the confidentiality of the data transmitted after entering the said access code and password. The Purchaser accepts all responsibility for the use of his password, and its retention, and shall take all steps to ensure its confidentiality. Any purchase made in the boutique shall be considered as having been made by the User, the seller cannot be held liable for any act, consultation or transaction made by a minor under the Purchaser's responsibility or guardianship. In the event of loss, theft of the password or that it was given to a third party by mistake, the User responsible for the incident must immediately inform the Seller thereof, which shall forbid access to the Site by means of the password concerned and will assign a new password.

3 - Confirmation and acceptance of the order and its terms and conditions:

3.1 An order confirmation process, by entering information successively, enables the Purchaser to make any changes to his order prior to finally validating and recording it. The Purchaser confirms the conclusion of the order as well as the full and unconditional acceptance of the Terms and Conditions of Sales as well as the User Charter of the LeMans-Store.com applicable at the time of placing the order.

3.2 The confirmed purchase order is recorded at the Seller's, who, after receipt of the payment authorisation according to the terms of clause 6 and subject to the product being available, will in turn send confirmation of the order, everything being exchanged by electronic means.

4 – Proof of archiving:

The "confirm" icon relating to the password identification procedures, automatic recording and protection of all the messages in the seller's computer systems constitute a proof of the nature, the content and the date of the order as well as the Purchaser's consent.

The purchase orders and bills are archived on a reliable and long-lasting medium kept under reasonable conditions of security in the Seller's computer systems. By a simple request, the Purchaser can obtain the order or the bill by electronic means.

5 - Prices:

5.1 The sales prices given in the description of the products are expressed excluding or including VAT, depending on the country of delivery, and excluding delivery charges. For a sale in a country of the European Union, the summary of the order sent prior to confirmation, in addition to the price announced, gives the amount of the VAT included and the delivery charges. However, sales to Purchasers subject to VAT will not give rise to VAT in France but in the country of the person liable for this tax, who should simply give his VAT identification number to the Seller. For sales outside the European Union and Overseas Departments and Territories, the price is given excluding VAT.
Nevertheless, customs duties, import duties, state or other local taxes may be payable. The Purchaser, as the importer, alone is responsible for paying these duties and taxes as well as carrying out all customs formalities or other declarations to the relevant organisations, the Seller accepting no responsibility on this account.

5.2 Prices are payable in euro. The Seller can change the prices at any time, as the products are however billed at the price in force at the time the order is placed.

6 - Payment:

Purchases are payable on ordering by bank or credit card or bank transfer. The card is only debited when the seller confirms the order. Payment is also accepted by cheque in French francs or in euro for holders of a bank account domiciled in France.

Thanks to the secure payment system used on the Site, all data concerning the order and payment are encrypted and sent directly to the banking centre for processing and authorisation, without passing through the Seller's server centre.

7 - Delivery:

7.1 The delivery shall be made to the address given when the customer account is opened and within the time limits and slots confirmed by the Seller by electronic means. Deliveries to countries of the European Union will be made by the Seller's haulier within an average of three working days, from confirmation of the order and receipt of the payment. For other countries, the delivery will be made within a maximum of 30 working days. By delivery is understood the date that the parcel is first presented by the haulier. In the case where the delivery is late, the Seller will so inform the Purchaser, who may cancel his order against immediate reimbursement, to the exclusion of any penalty or compensation paid by the Seller.

7.2 The Purchaser or any person he authorises to do so must check that the product conforms to the order on delivery and must sign the delivery sheet. It is essential that any anomaly, missing product or damage in the delivery should be noted on the delivery sheet then confirmed within 48 working hours following receipt and by registered letter with acknowledgement of receipt, sent to the haulier with a copy of the Seller. The product should be returned in its original state to the Seller within the same time limits, failing which, the complaint may not be accepted.

7.3 At any time, the Purchaser may be informed of the follow-up to his order, by contacting the Seller by means of the site's contact page, or by going to the section "my account" and by clicking on 'my purchases'. A tracking system enables him to follow the stages in the order's routing (FedEx only).

8 – Satisfied or reimbursed:

8.1 Any non-conformity of the products or error compared with the order should be reported by e-mail, giving the Seller the reasons for the complaint, within 48 hours of delivery. Any product not conforming to the order should be returned by post in its original packing (normal postage and not express) to the Seller's address given in the Contact section, together with a copy of the delivery sheet and the date of the notification e-mail. Failure to abide by the foregoing form and time limit for the complaint or the conditions for return will result in the return being refused and the Seller claiming the costs incurred. The seller will replace the non-conforming products or will reimburse the price paid for the product and postage (normal postage and not express).

8.2 The Purchaser may retract within 15 clear days of delivery of the product. If this period expired on a public holiday or non-working day, it is extended to the next working day. The product will then be returned to the Seller, at the Purchaser's expense, in its original packing, intact, together with all the accessories, instructions for use and in perfect state for resale together with the bill and details of the bank account concerned. Simultaneously, and within the time 15-day period, the Purchaser should notify his decision to retrace by e-mail. The exchange or reimbursement of the sums paid by the Purchaser, (excluding the return costs), shall be made within a maximum of 6 months following receipt of the product. The return must be made to the Seller's address as given in the Contact link, located at the bottom of each of the boutique's pages.

9 – Product guarantee:

For products under a manufacturer's guarantee, the Purchaser is informed of the duration of the guarantee by consulting the detailed description of the product on the Site.

Generally speaking, the Purchaser can invoke the guarantee for latent defects governed by articles 1625 and ff of the Code Civil, when this is invoked rapidly, that proof of the defect is provided and in the absence of any intervention by an unapproved third party, or the Purchaser's fault or any other cause of external origin.

The Purchaser will send his complaint with justification and by e-mail to the Seller.

10 - Liabilities:

As the photographs, text and the characteristics of the products are not contractual, the Seller cannot be held liable in the case of error or omission in the said description or in the modifications or unavailability of the products for which the suppliers are responsible.

The Seller shall not be held liable for failure to fulfil the contract entered into in the case of a stock shortage, product unavailability, force majeure events, disruption, total or partial strikes particularly by the postal services, and means of transport or communications, floods or fire. The Seller shall not incur any liability for all indirect harm such as operating losses, loss of a profit, damage or costs which could occur as a result of the purchase of the products on the Site.

11 – Miscellaneous:

All the provisions of the User Charter that are not contrary to these provisions shall fully apply to the relations between the Seller and the Purchaser and are supplementary to these Terms and Conditions of Sale.

 

Lemans-store.com
ORECA MOTOR SPORT
Parc d'activité du plateau de Signes
83870 SIGNES
FRANCE



 
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