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Terms and conditions of sale
Application and enforceability of the general terms and conditions of sale (GTCS)
These general terms and conditions of sale (GTCS) are systematically submitted to each buyer to enable them to place an order. Consequently, placing an order implies the buyer's full and unreserved acceptance of these terms and conditions.
Unless formally accepted in writing by the seller, no special conditions may prevail over the GTCS. In the absence of express acceptance, any contrary condition opposed by the purchaser will therefore be unenforceable against the seller, regardless of when it may have been brought to the seller's attention.
The fact that the seller does not take advantage at a given time of an article in these GTC shall not be interpreted as a waiver of the right to take advantage at a later date of any of the said GTC.
Modification of the general terms and conditions of sale (GTCS)
In accordance with the provisions of the French Civil Code on the conclusion of online contracts, the contract will be validated when you click on the button to confirm your order. Before doing so, you will have had the opportunity to correct any errors and view the details of your order, in particular its total price. By doing so, you acknowledge your obligation to pay.
Subject to a possible shortage of one or more products ordered, the supplier will respond to orders in the order in which they are received and subject to availability.
The benefit of the order is personal to the buyer and may not be transferred to another party without the seller's agreement.
Modification of the order
Any modification or cancellation of an order requested by the purchaser can only be taken into consideration if it is received in writing or by e-mail before the products are dispatched.
If the seller does not accept the modification or cancellation, the advance payments made may only be returned in the value of the goods.
Deliver
4.1. Terms and conditions
Delivery is made by handing over the product directly to the purchaser or by simple notice of availability, or by delivery to a shipper or carrier in the seller's premises or warehouses.
4.2. Delivery times
Deliveries will only be made subject to availability and in the order in which orders are received.
The seller is authorised to make full or partial deliveries.
However, if 2 months after the order date the product has not been delivered, for any reason other than force majeure, the sale may be cancelled at the request of either party.
The purchaser may obtain the return of his deposit, to the exclusion of any indemnity or damages.
The following are considered to be cases of force majeure which relieve the seller of his obligation to deliver: war, riots, fire, strikes, accidents and the seller's own inability to obtain supplies.
The seller will inform the buyer in good time of the cases and events listed above.
In any event, delivery on time can only take place if the buyer is up to date with its obligations towards the seller, whatever the cause.
4.3. Risks
Products may be delivered carriage paid by the purchaser or cash on delivery to the agreed place and, in all cases, they travel at the risk of the recipient.
In the event of damage or shortage, it is the recipient's responsibility to make any observations necessary to ascertain the condition of the goods.
4.3. Risks
The products can be delivered carriage paid by the purchaser or cash on delivery to the agreed place and, in all cases, they travel at the risk of the recipient.In the event of damage or shortage, it is the recipient's responsibility to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgement of receipt to the carrier, within three days of receipt of the goods.
Delivery > Purpose of delivery
The seller reserves the right to make any changes it deems necessary to its products at any time.
He reserves the right to modify the models defined in his prospectuses or catalogues without prior notice, without obligation to modify products previously delivered or in the process of being ordered.
Article 6. Reception > Complaints
Complaints about apparent defects or the non-conformity of the product delivered with the product ordered or with the dispatch note must be made in writing or by e-mail within eight days of the arrival of the products, without prejudice to the measures to be taken with regard to the carrier.
It shall be the responsibility of the purchaser to provide full justification for any defects or anomalies noted on delivery.
The purchaser must allow the seller every opportunity to ascertain these defects and to remedy them. The buyer shall expressly refrain from intervening himself or having a third party intervene for this purpose.
Returns
7.1. Right of withdrawal
- Customers have a statutory period of 14 days from receipt of their order to exercise their right of withdrawal, without having to give reasons for their decision or incur any other costs, with the exception of the cost of returning the goods.
- The withdrawal period expires fourteen days after the day on which the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the goods.
- To exercise his/her right of withdrawal, the customer must notify his/her decision to withdraw from the contract by means of an unambiguous statement:
by post to > LALUNE Sarl - 11 Bis Rue Paul Vessière - 34130 LANSARGUES - FRANCE,
by telephone at > 06.13.93.31.11 or by e-mail at jmarc@sandkat4x4.com
It is sufficient for the customer to send his communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period for it to be respected.
- The customer returns or returns the goods to:
LALUNE Sarl - 160, Rue des Roucagniers - 34400 LUNEL-VIEL - FRANCE
in their original packaging, no later than fourteen days following notification of their decision to withdraw.
- The customer shall bear the direct costs of returning the goods.
- The customer may only be held liable in the event of depreciation of the goods resulting from handling other than that required to establish the nature, characteristics and proper functioning of these goods.
- When the right of withdrawal is exercised, Lalune Sarl is obliged to reimburse the customer for all sums paid, including delivery costs at the current economy rate, without undue delay and no later than fourteen days from the date on which it is informed of the customer's decision to withdraw.
- Lalune Sarl may defer reimbursement until recovery of the goods or until the consumer has provided proof of shipment of the goods, whichever comes first.
- Beyond this date, the sums due are automatically increased by the legal rate of interest if the reimbursement is made at the latest ten days after the expiry of the deadlines set out in the first two paragraphs, by 5% if the delay is between ten and twenty days, by 10% if the delay is between twenty and thirty days, by 20% if the delay is between thirty and sixty days, by 50% between sixty and ninety days and by five additional points per new month of delay up to the price of the product, then by the legal rate of interest.
- Lalune sarl will make this refund using the same means of payment as the one used by the customer for the initial transaction, unless the customer expressly agrees to use another means of payment and insofar as the refund does not incur any costs for the customer.
- Lalune Sarl is not obliged to reimburse additional costs if the customer has expressly chosen a delivery method that is more expensive than the standard delivery method offered by the merchant.
7.2. Beyond the period of the right of retraction
Any return of a product beyond the period of the right of withdrawal must be the subject of a formal agreement between Lalune Sarl and the customer.
Any product returned without this agreement will be held at the customer's disposal and will not give rise to the establishment of a credit note.
The costs and risks of the return are always borne by the customer. No returns will be accepted after a period of 1 month following the delivery date.
Goods returned must be accompanied by the returns form provided by Lalune Sarl and must be in the same condition as when they were delivered. In the event of even partial deterioration of the packaging, a discount of 25% will be systematically deducted from the sale price.
In the event of an apparent defect or non-conformity of the products delivered, duly noted by Lalune Sarl under the conditions set out above, the customer may obtain a free replacement or reimbursement of the products, at Lalune Sarl's discretion, to the exclusion of any compensation for damages.
Guarantee
8.1. Scope
Products other than suspension systems are generally guaranteed against any material or manufacturing defect for a period of 2 years from the date of delivery. Interventions under the warranty shall not have the effect of extending the warranty period.
Suspension products are covered by a 3-year or 60,000 km warranty, whichever comes first.
In the event of a problem, the customer must make a warranty claim by e-mail, enclosing a detailed description and photos of the fault found, as well as the warranty form filled in at the time of purchase.
A response will be given within a maximum of 15 working days.
Presentation of the invoice will be strictly required when the guarantee is invoked.
Under this guarantee, the only obligation incumbent on the seller will be the free replacement or repair of the product or component recognised as defective by its services.
In order to benefit from the guarantee, any product must first be submitted to the seller's after-sales service, whose agreement is essential for any replacement. Any carriage costs shall be borne by the purchaser.
8.2. Exclusion
The guarantee does not apply to apparent defects.
Also excluded are defects and deterioration caused by natural wear and tear or by an external accident (incorrect assembly, defective maintenance, abnormal use), or by a modification of the product that was not foreseen or intended by the seller.
Any dispute concerning the application of the guarantee will be submitted, at the purchaser's expense, to the arbitration of a car expert approved by the insurance companies.
Prices
Products are supplied at the price in force at the time the order is placed.
VAT is included in the prices displayed on our site at the legal rate currently applicable, except for purchasers not subject to VAT (residing outside the EU, DOM-TOM, etc.) for whom, as soon as the country of delivery has been identified, the prices will be displayed exclusive of tax (HT).
Prices quoted on our site are inclusive of all taxes, in euros.
Delivery charges are not included in the prices displayed on our site. Unless otherwise agreed in writing by the merchant, delivery charges are always payable by the purchaser.
Deliveries to countries outside the European Union and French overseas departments and territories may be subject to various charges and taxes, in particular customs duties and import VAT. These costs are borne exclusively by the purchaser.
Billing
An invoice is drawn up for each delivery and issued at the time of delivery, unless a delivery note has been issued, in which case a summary invoice, referring to all delivery notes issued, will be drawn up every eight days.
Payment
11.1 Terms of payment
Payments will be made on the following terms unless otherwise agreed:
- professionals: cash payment at the time of order until determination of subsequent clauses linked to a determined Turnover over a probation period.
- private individuals: payment in cash when the order is placed (by credit card when validated by our bank, by cash on delivery or online via Paypal).
11.2. Late payment or default
In the event of late payment, the seller may suspend all orders in progress, without prejudice to any other course of action.
Any sum not paid by the due date shown on the invoice will give rise to the application of penalties equal to one and a half times the legal interest rate. These penalties will be payable at the seller's request.
In the case of payment by LCR, the refusal of the bill will be considered as a default of payment.
Any sums due for other deliveries, or for any other reason, will become immediately payable if the seller does not opt to cancel the corresponding orders.
The purchaser must reimburse all costs incurred by the legal recovery of sums due, including legal fees.
11.3 Requirement of guarantees or payment
This will be the case in particular if a change in the capacity of the debtor, in his professional activity (or, in the case of a company, in the person of the directors or in the form of the company), or if an assignment, rental, pledging or contribution of his business has an unfavourable effect on the purchaser's credit.
Article 12. Transfer of risk
The transfer of risk in the products, even in the case of a sale agreed carriage paid, takes place on dispatch from the seller's warehouses. This means in particular that the goods travel at the buyer's risk, and it is the buyer's responsibility in the event of damage, loss or shortages to make any reservations or take any action against the carriers responsible.
Reservation of ownership
The goods covered by this contract are sold with a clause expressly subordinating the transfer of ownership to full payment of the price in principal and accessories.
It is understood, however, that the mere delivery of a document creating an obligation to pay, such as a bill of exchange or other document, does not constitute payment within the meaning of this clause, and the seller's original claim on the buyer shall survive with all the guarantees attached thereto, including the retention of title, until the said bill of exchange has actually been paid.
The above provisions do not preclude the transfer to the buyer of the risks of loss or deterioration of the goods subject to retention of title, or of any damage they may cause, from the time of delivery of the goods.
The buyer must take out insurance to cover the risks arising from the delivery of the goods.
As long as the price has not been paid in full, the purchaser must individualise the goods delivered under this contract and not mix them with other goods of the same nature from other suppliers. If the goods are not segregated, the seller may demand reimbursement or take back those still in stock.
In the event of seizure, attachment or any other intervention by a third party on the goods, the buyer must inform the seller without delay in order to enable the seller to oppose it and preserve its rights.
The purchaser shall also refrain from pledging or transferring ownership of the goods by way of security.
13.1. Resale authorisation
The purchaser is authorised to resell the goods which are the subject of this contract in the normal course of business. However, it undertakes, in the event of resale, to immediately pay the balance of the price still due to the seller (or to inform sub-purchasers that the said goods are subject to a retention of title clause and to notify the seller of this transfer so that it can preserve its rights and, if applicable, exercise a claim on the resale price against the sub-purchaser).
Packing
Packaging bearing the seller’s trademark may only be used for its products and may in no case be used for other products than its own. Any breach of this rule would expose the offender to criminal prosecution and damages.
Jurisdiction -- Challenges
The Commercial Court of Montpellier shall have sole jurisdiction in the event of any dispute of any kind or dispute relating to the formation or execution of the order, unless the seller prefers to refer to any other competent court (except for contracts concluded with consumers).
This clause applies even in the case of summary proceedings, incidental claims or multiple defendants or claims for security, and regardless of the method and methods of payment, without the jurisdiction clauses that may exist on the documents of the purchasers being able to hinder the application of this clause.
