Our general conditions

Terms of Sales - MS Systemes SAS / LMX Bikes

A/ GENERAL PROVISIONS

These general conditions apply to all orders placed on the “lmxbikes.com” online sales site. Any order implies reading, understanding and unreserved acceptance of these “General Conditions of Sale”, regardless of the contrary stipulations that may appear on order forms or any other document from our distributor customers.

All our offers, quotes and acceptances are also subject to these conditions. 

MS Systèmes SAS reserves the right to modify these general conditions of sale at any time. The general conditions of sale in force are applied to each order.

B/ ORDERS

Any order signifies acceptance of the prices indicated as well as the description of the products as presented on the lmxbikes.com site. The order is deemed to have been placed when payment is validated. The information recorded on the lmxbikes.com site and by the secure online payment service provider serves as proof of the nature, content and date of the order.

MS Systèmes reserves the right not to honor an order, in particular with customers with an ongoing dispute, a previous open invoice or in the event of abusive returns of ordered products.

PRICE

The prices of the products are indicated All Taxes included and take into account the VAT in force in France on the day of the order (20.0% on January 1, 2014), with the exception of customers registered as professionals, for whom the prices are directly indicated. without taxes.

Prices are subject to change at any time without notice. The prices are valid at the time of dispatch of the purchase order by the buyer, ie the validation of the order on the online store. The price of the delivery is invoiced in addition and is indicated before the validation of the order.

AVAILABILITY OF PRODUCTS

Our products are offered on the lmxbikes.com site while stocks last.

In the event of unavailability of one or more product (s) in an order, MS Systems will inform the customer by telephone or by courier as soon as possible.

PRODUCTS

The photos of the products represented on the lmxbikes.com site are non-contractual and may be changed or modified at any time.

C/ DELIVERIES

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 the amounts insurable by the chosen logistics provider. The responsibility of MS Systèmes SAS can not be engaged in the event of loss or theft of the package once the order has been taken over by the carrier. 

At the customer’s request or according to the conditions imposed by the carrier, delivery may be made in several packages. Delivery will be made to the place mentioned on the order form. 

MS Systèmes cannot be held responsible for a delay in delivery to the extent that the transport service is provided by an external company. MS Systèmes cannot be held responsible for late delivery if the address provided is incorrect or incomplete. MS Systèmes cannot be held responsible for the direct or indirect consequence of a late delivery or non-delivery in the event of out of stock, unavailability or any other case of force majeure. 

The collection of products on site must be done during opening hours (Monday to Friday from 9 a.m. to 5 p.m.) after having received confirmation of the availability of the products by telephone or email.

DEADLINE

MS Systèmes undertakes to make deliveries as soon as possible. In general, deliveries are made within 10 days of ordering (within the limit of available stocks and periods of leave from suppliers, manufacturers or the store). Delivery times begin to run from the date on which the order becomes firm and final, ie confirmed by us. These deadlines are given for information only. 

The seller is authorized to make total or partial deliveries. A delay in delivery is not a reason for termination or cancellation and may not give rise to the payment of damages, nor to any reduction in price, nor to modify the payment on the agreed due date. 

Any event beyond the control of MS Systèmes SAS, even not assimilated to a case of force majeure such as disruption in transport, automatically suspends delivery times for the duration of this event.

COMPLAINTS

Packages delivered damaged may be refused and returned to the company responsible for transport. Reservations must be written, signed and given to the carrier. The package that has been the subject of these reservations may be refused upon receipt. 

Packages whose contents do not correspond to the indications contained on the order form must be reported to MS Systèmes within 48 hours of receipt. MS Systèmes cannot be held responsible if the 48-hour period is exceeded or if the information contained on the order form conforms to delivery.

D/ PAYMENT TERMS

Our products are payable in cash at the head office of MS Systèmes SAS. The deadlines and method of payment must be agreed between the parties and will be stipulated in the invoices. The starting point of our invoices is the date of shipment of the goods or the date of their availability in the event that the buyer provides the transport himself.

 In the event of early payment, no payment discount will be applied unless there is a specific prior agreement. In the event of late payment, the seller may suspend all pending orders without prejudice to any other course of action. Failure to pay the invoice within the agreed time limits will result, at the customer’s expense, in annual interest calculated on the amount including tax of the receivable, in proportion to the delay recorded, at a rate equal to one and a half times the rate of legal interest.

 The rate used will be that in effect on the day the invoice is due. The customer must reimburse MS Systèmes SAS for all of the costs incurred by it for the recovery of its debt, in principal and interest, namely in particular: procedural costs, costs and fees of a bailiff, avocado, etc…

PAYMENT METHODS

Payment for products can be made by credit card (credit card, Visa, Mastercard), by bank transfer or by check. For any payment by check, the order will be shipped within 15 days of receipt of payment.

E/ RETENTION OF OWNERSHIP CLAUSES

MS Systèmes SAS has full ownership of the goods sold until full payment of the invoiced price. The mere delivery of drafts or securities creating an obligation to pay does not constitute payment. As long as the goods have not been fully paid for, the buyer will keep them so that they can continue to be identified as being the property of MS Systèmes SAS.

 In the event of recovery of goods subject to his retention of title, the buyer will be credited with the partial payments made, less the amount of the costs incurred by the recovery (transport, storage, handling) and the damage resulting from the depreciation of the goods. which may result from the state in which it is when it is taken back or from the reduction in its price between the date and the day of recovery.

 In the absence of immediate execution of restitution, the buyer may be forced to do so by a simple summary order authorizing the company MS Systèmes to take back the goods subject to its retention of title from the buyer or in any other place, at the exclusive expense of this last.

PERSONAL AND CONFIDENTIAL DATA / GDPR

The personal data entered by a user of the lmxbikes.com site is reserved for use in connection with the implementation of his order. As such, the information can be transmitted to service providers likely to intervene in the progress of this order. Any buyer who wishes to do so has the right to access and rectify personal data concerning him at any time. The buyer can, if he wishes, intervene with MS Systèmes, by e-mail in order to assert his right of objection.

F/ GUARANTEE

The guarantee is effective from the date of invoicing to the end-user customer, within the limit where this invoicing is carried out within three months of its delivery to the reseller customer. Products used in the context of a professional activity (delivery, rental, etc.) have a legal warranty of 2 years for parts and labor, except for the conditions described in the paragraph “Conditions of support under warranty”. 

The products used for recreation and travel under the conditions described in the user manual supplied with the product have a legal warranty of 2 years parts and labor, except for the conditions described in the paragraph “Support conditions under guarantee”.

 This warranty covers the cycle part, excluding wear parts, namely: Tires, brake pads and discs, grip handles, chain guides, transmission elements, bearings, guide rings and bearings, paint and surface treatments.

SPARE PARTS GUARANTEE

In the event of a technical problem, the after-sales service can initially be provided remotely, by email or by telephone. The customer must first make a request for after-sales service on the dedicated page :

https://lmxbikes.atlassian.net/servicedesk/customer/portal/1/group/-1

Any request that has not been the subject of the creation of a support ticket via this system will not be processed. Depending on the analysis of the problem made by MS Systèmes SAS, replacement spare parts may be sent. 

On a case-by-case basis and depending on the problem, the customer must return the defective part for the analysis of the problem, and for its repair or replacement. Technical support with assembly instructions can be provided for the most complex operations.

WORKSHOP RETURN FOR AFTER-SALES SERVICES

In the event of a product return for after-sales service, the customer pays the return shipping costs or organizes the return to the MS Systèmes SAS workshop :

LMX Bikes / MS Systems
1623 avenue Henri Schneider
69330 Jonage, France

In the event that all or part of the repairs are taken over under warranty by MS Systèmes SAS, the return shipping costs will also be borne by MS Systèmes SAS. In the event that repairs cannot be covered under the guarantee (see paragraph “Conditions of support under guarantee”), the customer will be informed by telephone or e-mail, and may choose to have operations carried out outside guaranteed according to an estimate made by MS systems. In this case, the possible costs of returning the vehicle will also be borne by the customer. 

When taking over the warranty of a product, MS Systèmes SAS undertakes to repair when possible, or if necessary to replace the defective component (s), then to return them to the buyer as soon as possible. promptly. Non-warranty after-sales service is billed at an hourly rate of €60 excluding tax per hour of work. If the vehicle is not carefully cleaned by the customer before after-sales service, a cleaning fee of € 75 including tax may be charged.

WARRANTY CONDITIONS

After-sales service operations are not supported in the following cases :

 

  • Warranty expired
  • The service request relates to wearing parts (brake discs and pads, bearings, tires, transmission components, seals, bushings and guide bearings, grips and throttle handles)
  • The vehicle is a second-hand product that was sold to an individual by its original owner (repurchase of the vehicle)
  • The maintenance recommended in the user manual was clearly not followed, and the maintenance calendar in this manual has not been kept up to date.
  • Vehicle modifications caused the request for after-sales service
  • Obvious misuse of the product
  • Damage by immersion, exposure to abnormal water or corrosion due to misuse or lack of maintenance
  • The vehicle has undergone modifications aimed at increasing its performance or maximum speed

SPECIAL REQUIREMENT FOR ACCUMULATORS

Li-ion accumulators and their charging device are guaranteed for 1 year or 2000 km. A record of battery usage is available for diagnosis. Any misuse, such as shocks, damage due to immersion, storage or use at very low or very high temperature, short circuit, overcurrent charging or discharging, see the warranty void. Any modification of the protection or control parameters of the accumulator electronics will void the warranty.

DEMONSTRATION MODELS AND PROTOTYPES

Second-hand products sold by MS Systèmes SAS (Prototypes, test and exhibition models, whose “used” mention appears on the product name on quotes and invoices) are guaranteed for a period of 1 month parts and labor at the date of delivery. For the products used in demonstration, the guarantee starts from the invoicing to the reseller customer.

EXCHANGES AND RETURNS

The buyer has a withdrawal period of 14 days from receipt of the product. In the event that the customer wishes to exercise his right of return, MS Systèmes offers a choice of : an exchange of the same or an equivalent product. The refund of the product. The issuance of a credit note valid for 3 months. The product must be returned in its original packaging, accompanied by its invoice within 14 days of the invoice date to the following address : 

LMX Bikes / MS Systemes
1623 avenue Henri Schneider
69330 Jonage, France

In the event of a return with non-conforming or damaged packaging, the responsibility of the sender customer will be engaged, and MS Systèmes SAS cannot be held responsible for any damage caused by this non-conforming transport. The shipping costs associated with product returns remain the sole responsibility of the buyer. Likewise, in the event of deterioration of the returned material, a discount may be applied to the refund or credit. The shipping costs associated with the initial purchase are reimbursed in the event of a return for a purchase invoiced and delivered in mainland France. 

No reimbursement of shipping costs can be made in the event that the delivery of the initial order was offered or outside French territory. Exchanges and returns are not accepted on personalized products, custom products or services, used products and prototypes. LMX vehicles are produced to order. As such, the customer chooses a color combination as well as other characteristics. 

As such, they are personalized products, indeed it is not guaranteed for MS Systèmes SAS to find a customer wishing to obtain the same configuration within a reasonable time.

CASE OF PREORDERS

Deposits received during pre-orders are not refunded in the event of cancellation.

SPECIAL CLAUSES FOR RESELLERS

Reseller customers assume their responsibility from the moment they perform an assembly, assembly, or cabling operation and personalization of MS Systems products. They also undertake to ensure the warranty, after-sales service and the sale of spare parts for the products sold by their structure. The resellers agree not to copy, imitate, reproduce or sell under a brand other than LMX Bikes the products of MS Systèmes SAS. 

MS Systèmes reserves the right to stop the sale to a reseller who would jeopardize the image and the credibility of the LMX Bikes brand. MS Systèmes reserves the right to decide whether or not to give specific distribution conditions for its products and to modify them at any time. MS Systèmes undertakes to inform the resellers concerned within a reasonable period of time before application of the modification of the distribution conditions.

JURIDICTION

All disputes between the customer and the company MS Systèmes SAS, whatever their causes, will be submitted to the Commercial Court of Vienne (Isère). The latter will have sole jurisdiction even in the event of multiple defendants.

 

PROVISION SPECIFIC TO LMX OFFROAD (LMX 64T / LMX 161MXR)

Some products are not approved for use on the road. Any use of these products on public roads is therefore strictly prohibited. Non-approved products are marked “offroad” or “not approved”. Consequently, their use is strictly reserved for practice on private land with full knowledge of the causes and the regulations in force.

 The buyer agrees to have read and understood the legal texts relating to the use of the products, and to take the necessary steps to be insured before any attempt to use the product. 

To know :

Article L 324-2 of the Highway Code

Article L211-1 of the Insurance Code

Misuse of the products can cause serious injury to the user and third parties, or even death. MS Systèmes SAS cannot be held responsible for any accident resulting from improper use of the products as stipulated in these conditions of sale as well as in the user’s manual, including during assembly operations.