GENERAL CONDITIONS OF SALE
These general terms and conditions of sale (hereinafter referred to as the “General Terms”) apply to any purchase made by an Internet user/physical person (hereinafter referred to as the “CLIENT”) on the website www.swapland.fr (hereinafter the “site”) with lcm, eurl registered in the trade register and amian companies
under number 484898887 , having its head office 3 rue de torture,
France tél : 0322241010,
e-mail: [email protected] (hereinafter the "seller").
Any order placed on the site necessarily implies the unreserved acceptance of the customer of these general terms and conditions of sale.
All parts sold on the site are reserved for competition and are strictly prohibited on the road.
Article 1. definitions
The following terms and conditions have the following meaning:
- "CUSTOMER": means the contractor of the seller, which guarantees to have the quality of consumer as defined by French law and jurisprudence. a this title, it is expressly provided that this customer acts outside of any usual or commercial activity.
- "DELIVERY": means the first presentation of the products ordered by the customer to the delivery address indicated during the order.
- "PRODUCTS": means all products available on the site.
- "TERRITORY": means the Metropolitan france (except DOM/TOM).
Article 2. object
These Terms and Conditions govern the sale by the seller to its customers of products.
The customer is clearly informed and acknowledges that the site is for consumers and that professionals must contact the seller’s commercial service in order to benefit from separate contractual conditions
Article 3. acceptance of general conditions
The customer undertakes to read these Terms and Conditions carefully and accept them before making the payment of a product order placed on the SITE.
These general conditions are referenced at the bottom of each page of the site by means of a link and must be consulted before placing the order. the customer is invited to read carefully, download, print and retain a copy of the general conditions.
The seller advises the customer to read the general terms and conditions for each new order, the latest version of the said conditions for any new order of PRODUCTS.
By clicking on the first button to place the order and then on the second to confirm the order, the customer acknowledges having read, understood and accepted the general conditions without limitation or condition.
Article 4. purchase of products on the site
To be able to buy a product, the customer must be at least 18 years of age and have the legal capacity or, if he is a minor, be able to justify the agreement of his legal representatives.
The customer will be invited to provide information to identify it by completing the form available on the site. the sign (*) indicates the mandatory fields that must be completed so that the customer's order is processed by the seller. the customer can check on the site the status of his order. tracking of deliveries may, if any, be performed using the online tracking tools of certain carriers. the customer may also contact the seller’s commercial service at any time by e-mail, at [email protected], to obtain information on the status of the order.
The information that the customer provides to the seller during an order must be complete, accurate and up-to-date. the seller reserves the right to request the client to confirm, by any appropriate means, its identity, its eligibility and the information provided.
Article 5. command
Article 5.1 Characteristic of products
The seller undertakes to present the essential characteristics of the products (on the information sheets available on the site) and the mandatory information that the customer must receive under the applicable law (in these terms and conditions).
The customer agrees to read this information carefully before placing an order on the site.
Unless expressly stated otherwise on the website, all products sold by the seller are new and comply with the applicable European legislation and the applicable standards in france.
Article 5.2.control procedure
Product orders are directly placed on the site. to make an order, the customer must follow the steps described below (please note, however, that depending on the client’s start page, the steps may slightly differ).
52.1. product selection and purchase options
The customer must select the PRODUCT(s) of their choice by clicking on the PRODUCT(s) concerned and choosing the desired characteristics and quantities. Once the product is selected, the product is placed in the customer's basket. The latter can then add to his basket as many products as he wishes.
Once the products are selected and placed in the basket, the customer must click on the basket and check that the content of his order is correct. if the customer has not yet done so, he will then be invited to identify or register.
Once the customer has validated the contents of the basket and has identified / entered, the customer will be notified of an online form that is automatically completed and summarizing the price, applicable taxes and, if applicable, shipping costs.
The customer is invited to check the content of his order (including the quantity, characteristics and references of the ordered products, the billing address, the payment method and the price) before validating its content.
The customer can then make the payment of the products by following the instructions on the site and provide all the information necessary to billing and delivery of the products. for products for which options are available, these specific references appear when the right options have been selected. past orders must include all the information necessary for the proper processing of the order.
The customer must also select the chosen delivery mode.
523 acknowledgement of receipt
Once all the steps described above are completed, a page appears on the site to acknowledge receipt of the customer’s order. a copy of the acknowledgement of receipt of the order is automatically sent to the client by e-mail, provided that the email address provided through the registration form is correct .
The seller does not send any order confirmation by mail or by fax.
During the ordering procedure, the customer must enter the information required for the billing (the sign (*) will indicate the required fields to be completed so that the customer's order is processed by the seller).
In particular, the customer must clearly indicate all delivery information, in particular the exact address of delivery, as well as any access code to the delivery address.
The customer must then specify the method of payment chosen.
Neither the purchase order that the customer establishes online, nor the acknowledgement of receipt of the order that the seller sends to the customer by email constitute an invoice. regardless of the order or payment method used, the customer will receive the original invoice at the delivery of the products, inside the parcel.
5.3. date of order
The date of the order is the date on which the seller acknowledges receipt of the order online. the deadlines indicated on the site begin to run only from that date.
For all products, the customer will find on the website prices displayed in euros all taxes included, as well as the applicable shipping costs (according to the weight of the package, excluding packaging and gifts, the shipping address and the carrier or mode of transport chosen).
Prices include in particular the value added tax (tva) at the rate in effect on the order date. any change in the applicable rate may impact the price of products from the date of entry into force of the new rate.
The applicable tva rate is expressed as a percentage of the value of the product sold.
The seller’s suppliers’ prices may be changed. Accordingly, prices indicated on the site may change. they can also be modified in case of special offers or sales.
The prices indicated are valid, except gross error. the applicable price is that indicated on the site on the date the order is placed by the customer.
5.5. availability of products
The unavailability of a product is in principle indicated on the page of the product concerned. Customers may also be informed of the seller’s product reassort.
In any event, if the unavailability was not indicated at the time of the order, the seller undertakes to inform the customer without delay if the product is unavailable.
The seller may, at the request of the customer:
Either propose to ship all the products at the same time as the products out of stock will again be available,
A partial shipment of the products available at first, then the shipment of the remainder of the order when the other products are available, subject to clear information regarding the additional transportation costs that may be incurred,
Offer an alternative product of quality and equivalent prices, accepted by the customer.
If the customer decides to cancel his order of unavailable products, he will obtain the refund of all amounts paid for unavailable products no later than thirty (30) days of payment.
Article 6. right of withdrawal
The terms and conditions of the right of withdrawal are set out in the section “how to exercise the right of withdrawal”, available inAnnex 1Present and accessible at the bottom of each page of the site via a hyperlink.
Article 7. payment
71. means of payment
The customer can pay his products online on the site following the means offered by the seller.
The customer guarantees to the seller that he holds all the authorizations required to use the payment method chosen.
The seller will take all necessary measures to guarantee the security and confidentiality of the data transmitted online as part of the online payment on the SITE.
It is therefore specified that all payment information provided on the site is transmitted to the bank of the site and is not processed on the site.
72. date of payment
In the event of a single payment by credit card, the customer's account will be debited from the order of products placed on the site.
In the event of partial delivery, the total amount will be debited from the customer's account as soon as the first parcel is shipped. If the customer decides to cancel the order of unavailable products, the refund will be made in accordance with the last paragraph of section 5.5 of these Terms and Conditions.
7.3. delay or refusal to pay
If the bank refuses to debit a card or other means of payment, the customer must contact the customer service of the seller in order to pay the order by any other valid means of payment.
In the case that, for whatever reason, opposition, refusal or otherwise, the transmission of the money flow due by the customer would prove impossible, the order will be cancelled and the sale automatically terminated.
Article 8. proof and archiving
Any contract with the customer for an order of more than 120 euros ttc will be archived by the seller for a period of ten (10) years in accordance with section l. 134-2 consumer code.
The seller agrees to archive this information in order to track the transactions and to produce a copy of the contract at the customer’s request.
In the event of a dispute, the seller will have the opportunity to prove that its electronic tracking system is reliable and that it guarantees the integrity of the transaction.
Article 9. Transfer of ownership
The seller remains the owner of the products delivered to their full payment by the customer.
The above provisions do not constitute an obstacle to the transfer to the customer, at the time of receipt by the customer, or by a third party designated by the customer other than the carrier, of the risks of loss or damage to the goods subject to the property reservation, as well as the risks of damage that they may entail.
Article 10. delivery
The terms and conditions of delivery of the products are set out in the "delivery policy" referred to inAnnex 2Present and accessible at the bottom of each page of the site via a hyperlink.
Article 11. packaging
Products will be packaged in accordance with existing transport standards to ensure maximum protection for products during delivery. customers agree to meet the same standards when they return products under the conditions set out in the annex 1 – procedures for the exercise of the right of withdrawal.
Article 12. guarantees
121. Compliance guarantee
Cases of the so-called "racing or competition as not approved on open road:
All parts for sale on the site are reserved for exclusive use on the circuit are not subject to any warranty. their use cannot incur liability for lcm sarl. We draw the attention of our friendly customers to the fact that some parts we market modify or are likely to alter the characteristics of the vehicle in relation to its approval in French territory and thus make it unfit for road traffic. these products being exclusively reserved for competition in closed circuits, their use, by law, is prohibited on the public road.
The manufacturer's warranty cannot be incurred if the item is intended for competition, if the failure comes from an installation made by a non-qualified or non-competent person. the manufacturer's warranty is limited to the strict repair or exchange of the product, excluding any other damages resulting from immobilization, troubleshooting, expertise, etc. the warranty will be refused if the product has been modified.
Only the manufacturer is authorized to accept or not the warranty. if after expertise, the manufacturer's refusal to take the warranty is stipulated, LCM distribution sarl declines all responsibilities, and will not replace the manufacturer.
Contact us by emailvia the contact page of the site,detail your problem by specifying the invoice number and the product concerned, attach photos to remove our request from the manufacturer,A first answer will be given to you in the day.
In case of warranty agreement, you will receive by email a return number to indicate on the packaging carton of the defective product, carefully pack the product, the manufacturers only covering the pure replacement or repair of the product. the article will not be returned if not
Upon receipt, we process your request and return the product as soon as possible
Article 13. liability
The liability of the seller may not in any case be incurred in the event of the failure or improper performance of the contractual obligations attributable to the client, including when the order is entered.
The seller may not be held liable, or considered to have failed, for any delay or failure to perform, where the cause of the delay or failure to perform is related to a case of force majeure as defined by the jurisprudence of the French courts and tribunals.
It is also specified that the seller does not control websites that are directly or indirectly linked to the site. Accordingly, it excludes any liability for the information published therein. links to third party websites are provided for information purposes only and no warranty is provided as to their content.
Article 14. personal data
The seller collects personal data about its customers on the website, including through cookies. Customers can disable cookies by following the instructions provided by their browser.
The data collected by the seller are used to process orders placed on the site, to manage the customer's account, to analyze orders and, if the customer has chosen this option, to send him commercial prospecting mails, newsletters, promotional offers and/or special sales information, unless the customer no longer wishes to receive such communications from the seller.
The customer's data shall be kept confidentially by the seller in accordance with its statement made to the cnil, for the purposes of the contract, its execution and in accordance with the law.
Customers may at any time unsubscribe by accessing their account or by clicking on the hypertext link provided for this purpose at the bottom of each offer received by email.
Data may be disclosed, in whole or in part, to the vendor service providers involved in the order process. a commercial purpose, the seller may transfer to its trading partners the names and contact details of its customers, provided that they have given their prior consent when registering on the site.
The seller will specifically ask customers if they want their personal data to be disclosed. Customers may change their opinion at any time on the site or by contacting the seller.
The seller may also ask its customers if they wish to receive commercial solicitations from its partners.
Pursuant to Act No. 78-17 of 6 January 1978 on data-processing to files and freedoms, the customer has the right to access, rectification, opposition (for legitimate reasons) and the deletion of his personal data. it may exercise this right by sending an e-mail to [email protected] or by sending a mail to 3 rue de torture.
It is specified that the client must be able to justify his identity, either by scanning an identity document, or by sending a photocopy of his identity document to the seller.
Article 15. claims
The seller makes a "customer telephone service" available to the customer at the following number: 0322241010 (non-taxed number).
Any written claim from the customer must be forwarded to the following address: company lcm 3 rue de torturee 80150 gueschart.
Article 16. intellectual property
All visual and sound elements of the site, including the underlying technology used, are protected by copyright, trademark and/or patent law.
These elements are the exclusive property of the seller. any person who publishes a website and wishes to create a direct hyperlink to the site must request the permission of the seller in writing.
This authorization of the seller will not be granted in any event definitively. this link should be deleted at the seller's request. hyperlinks to the site that use techniques such as cadrage (framing) or hyperlink insertion (in-lineing) are strictly prohibited.
Article 17. validity of the general conditions
Any amendment to the legislation or regulations in force, or any decision of a competent court invalidating one or more clauses of these Terms and Conditions shall not affect the validity of these Terms and Conditions. such an amendment or decision does not in any case authorize customers to ignore these Terms and Conditions.
Any conditions not expressly dealt with herein shall be governed in accordance with the use of the business sector to individuals, for companies whose headquarters is in france.
Article 18. modification of general conditions
These Terms and Conditions apply to all purchases made online on the site, as long as the site is available online.
The general terms and conditions are dated accurately and may be modified and updated by the seller at any time. the applicable general conditions are those in effect at the time of the order.
Changes to the general conditions will not apply to products already purchased.
Article 19. jurisdiction and applicable law
These general terms and conditions and the relationship between the customer and the seller are governed by French law.
In the event of a dispute, only the French courts will be competent.
However, prior to any recourse to the arbitral or state judge, it will be preferred to negotiate in a spirit of loyalty and good faith with a view to reaching a friendly agreement in the event of any conflict relating to this contract, including its validity.
The party wishing to implement the negotiation process should inform the other party by registered letter with acknowledgement of receipt indicating the elements of the conflict. if, after a period of fifteen (15) days, the parties were unable to agree, the dispute will be submitted to the competent court referred to below.
Throughout the negotiation process and until its conclusion, the parties are prohibited from exercising any legal action against each other and for the conflict that is the subject of negotiation. by exception, the parties are allowed to apply to the jurisdiction of the referees or to apply for an order on request. a possible action before the jurisdiction of the referees or the implementation of a complaint procedure shall not result in any waiver of the amicable arrangement clause by the parties, unless expressly stated otherwise.
PROCEDURES FOR THE EXERCISE OF THE RIGHT OF WITHDRAWAL
Principle of withdrawal
The customer shall, in principle, have the right to return or return the product to the seller or to a person designated by the seller, without excessive delay, and no later than fourteen (14) days after the communication of his decision to withdraw, unless the seller proposes to recover the product himself.
The withdrawal period expires fourteen (14) calendar days after the day on which the customer, or a third party other than the carrier and designated by the client, physically takes possession of the product.
In the event that the customer has ordered several products via a single order giving rise to several deliveries (or in the case of an order of a single product delivered in several lots), the withdrawal period will expire fourteen (14) calendar days after the day the customer, or a third party other than the carrier and designated by the customer, takes physical possession of the last product delivered.
Notification of the right of withdrawal
To exercise the right of withdrawal, the customer must notify his decision to withdraw from this contract by means of a statement without ambiguity at: 3 rue de torture or [email protected]
It may also use the form below:
Has the attention of LCM
Telephone number : 0322241010
E-mail address: [email protected]
I hereby notify you of my withdrawal of the contract concerning the sale of the product below:
Number of invoice:
Control reference :
- ordered the [____________]/reçu le [________________]
- means of payment used:
- name of the client and if applicable of the beneficiary of the order:
- client's address:
- delivery address:
- customer signature (except email transmission)
For the withdrawal period to be met, the client must forward his communication concerning the exercise of the right of withdrawal before the withdrawal period expires.
Effects of withdrawal
In the event of a withdrawal from the customer, the seller undertakes to reimburse all the amounts paid, including the costs of delivery without excessive delay and, in any case, no later than fourteen (14) days from the day the seller is informed of the customer’s will to withdraw.
The refund of all orders will only be in the form of an asset. you will receive a code of the amount of this asset within 14 days by valid email 1 years. you can put in the "goods of reduction" box on your next order.
The seller may differ the refund until receipt of the property or until the customer has provided proof of shipment of the property, the date being the date of the first of these facts.
Modalities of return
The customer shall, without undue delay and, in any case, no later than fourteen (14) days after communication of his decision to withdraw from this contract, return the property to: lcm 3 rue de torturee 80150 gueschart
This period is deemed to be met if the client returns the property before the expiry of the fourteen-day period.
The client will have to take charge of the direct costs of returning the property.
Etat of the property returned
The product must be returned according to the seller's instructions and include all the accessories delivered.
Any return of goods may only be accepted for goods specific to a new commercialization, accompanied by a copy of your order. shipping costs remain the responsibility of the customer. the refund will be made after verification of all these items, but in all cases only the amount of the returned items will be refunded.
Any custom, specific parts, specially manufactured or imported for your order must have the service agreement after sale that will judge whether they are specific to the resale or whether they are specifically manufactured for the order.
Due to a specific order, the lcm sarl cannot be held liable in case of refusal of return of goods.
All parts sold on the site are reserved for competition and are strictly prohibited on the road.
Exclusions from the right of withdrawal
The right of withdrawal is excluded in the following assumptions:
- Supply of goods or services with fluctuations in the financial market
- Supply of goods made according to the customer's specifications for its needs, depending on a certain vehicle model, engine etc (e.g. camshafts, forged pistons, engine steering wheel, threaded bodies etc)
The products are shipped to (at) the delivery address(s) that the customer has indicated during the order process.
Deadlines to prepare an order and then establish the invoice, before shipping the products in stock are mentioned on the site. these deadlines can be heard outside weekends or holidays. If you validate the payment in 3 times there will be a validation period of 24 hours before sending the order if the parts are in stock.
An electronic message will be automatically sent to the customer at the time of shipment of the products, provided that the email address in the registration form is correct.
During the ordering process, the seller tells the customer the possible shipping times and formulas for the products purchased.
Shipping costs are calculated according to the delivery mode. the amount of these costs will be due by the customer in addition to the price of the goods purchased.
Details of delivery times and costs are detailed on the SITE.
Chronopost delivery mode:
Home before 1:00 the next day:
The parcel is delivered the next morning before 1 pm at your home. the day before delivery, you are notified by e-mail and sms. the distribution is made in its own hand and against signature. in case of absence, a notice of passage is left in the recipient’s mailbox. it indicates the coordinates of the post office where to remove the package. the recipient has 14 consecutive days to recover his mailing. Beyond this period, the parcel returned to its sender.
In relay point before 1:00 the next day:
The package is delivered the next day before 1 pm in one of the 7000 pickup relays of your choice. you will be notified by email and SMS. The deadlines for support from Monday to Friday and for delivery from Monday to Friday except holidays. For some coastal islands, the deadline can be extended one day. The recipient has 7 consecutive days to recover its relay point. Beyond this period, the parcel returned to its sender.
For national shipments,The deadlines are for support from Monday to Friday and for delivery from Monday to Friday, except on holidays. For some coastal islands, the delivery time may be extended one day. for the Corsica, and on the day after the holidays, the delivery can take place in the day without any delay.
For overseas and international shipments,the deadlines are for support from Monday to Friday. deliveries are made on working days, except holidays, in the country of destination.
In the event of delay in the delivery of the fact and in the event of proven damage, chronopost undertakes to pay compensation that cannot exceed the cost of transportation, duties, taxes and miscellaneous expenses. However, if the package is rehabilitated by the purchaser, the company is entitled not to refund the package.
Attention for the month of July and out the chronopost parcels will not be routed on Saturday. during this summer period traffic is prohibited on the entire road network.
It is also known that when there is a strike, demonstration or weather movement, the delivery of consignments may be disrupted. Given this exceptional independent character on our part, we will not be able to compensate for delayed shipments.
Moreover, the buyer acts as a receiver of the consignments, it is necessary to control the quantitative and qualitative content of the consignments in order to see in writing to the deliveryer all irregularities.
Mode of delivery packagesimo expert:
The purchaser is acting as a receiver of the consignments and must becontrol of the goods upon delivery.
In the event of a problem during delivery, the buyer must specify it in writing to the delivery provider.
Any signature of the carrier's delivery voucher is acceptable to the content of the qualitative and quantitative package.
Case of delivery mode packagesimo access or letter max:
If you choose this mode of delivery, the package will be transported by mail and you will be deliveredwithout signature. confirmation of delivery by mail will therefore be times. in case of dispute the company lcm will not be responsible and you will have to return against the position by calling the: 3631
Attention for the month of July and out the parcels The post will not be routed on Saturday. during this summer period traffic is prohibited on the entire road network.
The customer is informed of the delivery date fixed at the time he chooses the carrier, at the end of the online order procedure, before confirming the order.
It is specified that deliveries will be made within thirty (30) days maximum. a default, the customer must retain the seller to deliver within a reasonable period of time and in case of non-delivery within that period, the customer may terminate the contract.
The seller will refund, without undue delay from the receipt of the cancellation letter, to the customer the total amount paid for the products, taxes and shipping fees included, using the same payment method as that used by the customer to purchase the products.
The seller is responsible until the product is delivered to the customer. it is recalled that the customer has a period of three (3) days to notify the carrier of the partial damages or losses found during delivery.