Terms and Sales Conditions
MS Systemes SAS / LMX Bikes
Terms and Conditions These general terms and conditions apply to all orders placed on the online sales site lmxbikes.com
All orders involve reading, understanding and acceptance without reservation of these "General Terms and Conditions of Sale" and whatever the stipulations to the contrary may appear on purchase orders or any other document from our distributor customers.
All our offers, quotes and acceptances are also subject to these conditions.
MS Systemes SAS reserves the right to modify the present general conditions of sale at any time. The general conditions of sale in force are applied to each order.
Any order means the acceptance of the indicated prices as well as the description of the products as presented on the lmxbikes.com website.
The order is considered passed when the payment is validated. The information recorded on the lmxbikes.com website and by the secure online payment provider serve as proof of the nature, content and date of the order.
MS Systemes reserves the right not to honor an order, particularly with customers who have a pending dispute, a previous open invoice or in case of abusive returns of ordered products.
The prices of the products are indicated All taxes included and take into account the VAT in force in France the day of the order (20.0% on January 1st, 2014), with the exception of the customers registered as professionals, for which the tariffs are directly indicated without taxes. Prices may be changed at any time without notice.
The prices are valid at the time of the sending of the purchase order by the buyer.
The price of the delivery is charged in supplement and is indicated before the validation of the order.
Availability of products
Our products are available on the lmxbikes.com website while stocks last.
In case of unavailability of one or more product (s) of an order, MS Systemes will inform the customer by telephone or courier as soon as possible.
The photos of the products represented on the lmxbikes.com website are not contractual and may be changed or modified at any time.
C / DELIVERY:
The shipments are made by the carrier chosen by the customer at the time of the order. They are insured at the value of the order within the limit of insurable amounts by the chosen logistics provider. The responsibility of MS Systemes SAS can not be held liable for loss or theft of the package once the order is borne by the carrier.
At the request of the customer or according to the conditions imposed by the carrier, the delivery may be made in several packages.
Delivery will be at the location indicated on the order form.
MS Systemes can not be held responsible for a delay of delivery insofar as the transport service is carried out by an external company.
MS Systemes can not be held responsible for a delay of delivery as soon as the address communicated is erroneous or incomplete.
MS Systemes can not be held responsible for the direct or indirect consequence of a delay in delivery or non-delivery in the event of out of stock, unavailability or any other case of force majeure.
The withdrawal of products on site must be done during opening hours (Monday to Friday from 9 am to 5 pm) after having confirmed the availability of products by phone or email.
MS Systemes undertakes to make deliveries as soon as possible. In general, deliveries are made within 10 days of the order (within the limits of available stocks and holiday periods of suppliers, manufacturers or the shop).
Delivery times begin to run, from the date the order becomes firm and final, ie confirmed by us. These deadlines are given as an indication.
The seller is authorized to make deliveries in whole or in part.
A delivery delay is not a reason for cancellation or cancellation and can not give rise to a payment of damages, any price reduction, or change the payment on the agreed due date. Any event beyond the control of MS Systemes
SAS, even if it is not comparable to a case of force majeure such as disruption of transport, automatically suspends delivery times for the duration of this event.
Packages delivered damaged may be refused and returned to the company in charge of transport. Reservations must be written, signed and delivered to the carrier. The package having been subject to these reservations may be refused at the time of its receipt.
Packages whose content does not correspond to the indications on the order form must be reported to MS Systemes within 48 hours of receipt.
The responsibility of MS Systemes can not be engaged if the period of 48 hours is exceeded or if the indications contained on the order form are in conformity with the delivery.
D / PAYMENT TERMS
Our products are payable in cash at the headquarters of MS Systemes SAS. The terms and method of payment must be agreed between the parties and will be stipulated in the invoices.
The starting point of our invoices consists of the date of dispatch of the goods or of their delivery in the case where the buyer himself provides the transport.
In case of early payment, no discount will be made unless special prior agreement.
In the event of late payment, the seller may suspend all outstanding orders without prejudice to any other course of action. Failure to pay the invoice within the agreed time will incur, at the expense of the customer, an annual interest calculated on the amount inclusive of the receivable, in proportion to the delay recorded, at a rate equal to one and a half times the the legal interest.
The chosen rate will be the one in force on the day of the due date of the invoice. The customer will have to reimburse the company MS Systemes SAS, the totality of the expenses engaged by this one with a view to the recovery of its debt, in principal and interests, namely in particular: the expenses of procedure, expenses and fees of a bailiff, of lawyer, etc ......
Method of payment
The payment of the products can be realized by bank card (credit card, Visa, Mastercard), by bank transfer or by check. For any payment by check, the shipping of the order will be done upon receipt of payment.
E / RESERVE OF PROPERTY
The company MS Systemes SAS has the entire property of the goods sold until full payment of the invoice price. The mere handing over of bills or securities creating a payment obligation does not constitute a payment.
As long as the goods have not been fully paid, the buyer will keep them so that they can continue to be identified as the property of MS Systemes SAS.
In case of return of goods subject to retention of title, the buyer will be credited partial payments occurred, less the amount of costs incurred by the resumption (transport, storage, handling) and the damage resulting from the depreciation of the goods may result from the state in which it is in the course of its recovery or the decrease in its price between the date and the day of recovery. In the absence of immediate restitution, the purchaser may be compelled to do so by a simple injunction order authorizing MS Systemes to take back the goods subject to his retention of title at the buyer's premises or at any other place, at the exclusive expense of this last.
Personal and confidential data
data The personal data entered by a user of the site lmxbikes.com are reserved for a use related to the implementation of his order. As such, the information can be transmitted to the providers likely to intervene in the course of this order.
The buyer who wishes at any time has the right to access and rectify personal data concerning him.
The buyer can, if he wishes, intervene with MS Systemes, by e-mail in order to assert his right of opposition.
F / WARRANTY AND AFTER SALE SERVICE
The guarantee is effective from the billing date to the end user customer, within the limit of this billing is carried out within three months of its delivery to the reseller customer.
The products used within the framework of a professional activity (delivery, hiring ....) have a legal guarantee of 2 years parts and labor, out of abnormal wear of the product.
Products used in a recreational setting and traveling under the conditions described in the user manual supplied with the product have a legal warranty of 2 years parts and labor, excluding abnormal wear of the product.
This guarantee covers the cycle part only, excluding wear parts, namely: wheels, tires, brake pads, grip grips, chain guides, motor pinion, feather key, crown, trim elements, paint and surface treatments.
The battery and electronics are guaranteed 6 months.
Second-hand products sold by MS Systemes SAS (Prototypes, test and exhibition models, whose mention "occasion" appears on the title "of the product on quotations and invoices) are guaranteed for a period of 3 months parts and labor on the billing date.
For the products used in the demonstration, the guarantee starts as soon as the reseller customer is invoiced.
Any modification of the product to increase its performance, addition of accessories and replacement of parts other than those provided by MS Systemes as well as any misuse of its use as described in the user manual leads to immediate cancellation of the guarantee.
The consequences of the use of the LMX freeride motorbikes as well as their mounting can not engage the responsibility of MS Systemes SAS
MS Systemes can not be held responsible for the unsecured parts supplied to the buyer, who must contact MS Systemes by phone or by email to check for a product warranty.
When assuring the guarantee of a product, MS Systemes SAS commits to repair when possible, or if necessary to replace the defective component (s), then to return them to the buyer in the most promptly.
The shipment of equipment covered by the warranty is subject to the product delivery clause of the above paragraph.
Return postage to MS Systemes is always the responsibility of the buyer.
The buyer has a withdrawal period of 7 days from the receipt of the product. In this case, MS Systemes offers the choice:
An exchange of the same product or an equivalent product.
The refund of the product.
The issuance of a credit valid for 3 months.
The product must be returned in its original packaging, accompanied by its invoice within 7 days at the following address:
8 ZA des Quatre Vies
In case of return with a non-compliant or damaged packaging, the responsibility of the sending customer will be engaged, and MS Systemes SAS can not be held responsible for any damage caused by this non-compliant transport.
Shipping costs related to product returns are entirely the responsibility of the buyer.
Exchanges and returns are not accepted on personalized products, products or services tailored, used products and prototypes.
The deposits received during pre-orders are not refunded in case of cancellation.
Specific terms for dealers
Reseller customers assume responsibility for the instant that they perform assembly, assembly or wiring operations and customization of MS Systemes's products. They also undertake to provide warranty, after sales service and the sale of spare parts for the products sold by their structure.
Resellers undertake not to copy, imitate, reproduce or sell under a brand other than LMX Bikes brand products MS Systemes SAS.
MS Systemes reserves the right to stop the sale to a dealer who would endanger the image and credibility of the brand LMX bikes.
MS Systemes reserves the right to give or refuse specific conditions for the distribution of its products and to modify them at any time. MS Systemes undertakes to inform the resellers concerned with a reasonable delay before applying the modification of the conditions of distribution.
All disputes between the client and MS Systemes SAS, whatever their causes, will be submitted to the Commercial Court of Vienne (Isère).
The latter will have sole jurisdiction even in case of plurality of defendants.
Specific provision for "frame kit" and "complete motorcycle" products:
MS Systemes SAS undertakes to provide the customer with a user manual accompanied by a fitting instruction. The purchaser undertakes to become acquainted with and to apply all of these recommendations.
Our products are not approved for use on the road: Any use of products on public roads is strictly prohibited.
Therefore, their use is strictly reserved for a practice on private ground in all knowledge of causes and the regulation in force.
The buyer undertakes to have read and understood the legal texts relating to the use of the products, and to take the necessary steps to be assured before any attempt to use the product. To know:
The article L 324-2 of the code de la route
Article L211-1 of the code des assurances
misuse of the products can cause serious injury of the user and the thirds, even the death.
MS Systemes SAS can not be held responsible for any accident resulting from the improper use of this product as stipulated in these conditions of sale and in the user manual, including during assembly operations.