General terms and conditions of sale

Data warning

The present legal notice and other articles are written in French. In the event of one or more translations being made, only the French text is authentic in the event of a dispute.

Preamble

The website www.lmouest.fr is the property of Noël Marais in its entirety. It is a space for distance commerce.
The purpose of the General Terms and Conditions of Sale (hereinafter the GTC) is to define the conditions of sale between :

• Noël Marais, auto-entrepreneur inscrit au rgistre du commerce sous le N° 34282989200054, représentant l'entreprise LM Ouest situé au 251, avenue du Marensin 40170 Lit et Mixe - France,
• and professional or private customers.

The CGV define the contractual relationship between the seller, LM Ouest and the buyer, the customer for all orders and exclusively orders placed on the site.

By placing an order on the site, the customer certifies that he or she is a natural person of legal age acting for his or her own personal needs or a legal entity and accepts the GTC. He or she certifies that he or she has the capacity to enter into a contract, and acknowledges that he or she has previously read and accepted, without restriction, the GTC of the site www.lmouest.fr at the time of placing the order (order and delivery).

These conditions include :

• The C.G.V.
  The present CGV shall prevail over all other conditions appearing in any other document, unless a prior, express and written derogation is made.
• The special conditions of sale.
  The particular conditions of sale are stated on the screen, prices, conditions and terms for each article.

The customer is invited to read the current GTC carefully before placing an order.

Provisions relating to these GTC - Acceptance

The present terms and conditions govern and apply exclusively to the online sale of LM Ouest products on the www.lmouest.fr website, which is freely accessible to all internet users.

Before the validation of the order and its payment, the customer ticks a box provided for this purpose by which he declares to have read and accepted the GTC. Next to the tick box is a link allowing the customer to download the GTC in PDF version and to print them if he wishes.

The conservation and reproduction of the C.G.V. are carried out by the company LM Ouest.
The C.G.V. applicable and opposable to the customer are those in force at the time of the effective validation by the customer of his order registered on the site.

However, in the event of changes to the C.G.V., these changes can only be invoked against the customer from the time they are published online, and they cannot under any circumstances be applied to contracts concluded after the changes.

Products

The photographs illustrating the products are not part of the contractual field. If errors are introduced, in no case, the responsibility of the company LM Ouest can be engaged.
The majority of the products offered to customers by the LM Ouest company are available at the manufacturing workshop at the company's head office.

Colour

I have tried to display the colours of my products on my website as accurately as possible. However, as computer screens, mobile devices: such as mobile phones, tablets or any other device from which you have chosen to view the images on the website, may vary.
I cannot guarantee that a colour will be completely accurate.

Ordering

To place an order, the customer, after having filled his virtual basket by indicating the selected products and the desired quantities, clicks on the "Order" button, and provides the information relating to the delivery and the method of payment.

It is not necessary to open a personal account to place an order. The guest account is there for this purpose.
If the customer wishes, he can open an account to register his personal information.

The customer confirms that he/she is aware of the GTC by ticking the corresponding box.

He will acknowledge his payment obligation by clicking on the "validate" button of the Stripe payment gateway.
An email acknowledging receipt of the order and payment will be sent, without undue delay, by the company LM Ouest.

The information given by the customer when placing an order is binding. In the event of an error in the wording of the recipient's details, the company LM Ouest cannot be held responsible for the impossibility of delivering the product.

Any modification of the order by the customer after confirmation of his order is subject to the acceptance of the company LM Ouest.

If the ordered products are unavailable for delivery, LM Ouest immediately informs the customer and can offer him a product of an equivalent quality and price. In case of disagreement, the customer is reimbursed at the latest within fourteen days of the payment of the amounts paid.

Payment

The ordered products are payable in full at the time of order by credit card and in euros. An invoice expressed in euros including all taxes will be issued by the company LM Ouest and attached to the order. In case of non payment or refusal of payment authorisation from the accredited organisations, the order will be refused.

Withdrawal

The customer can withdraw from the contract concluded with the company LM Ouest, without giving any reasons within a period of fourteen days.
This period expires fourteen days after the day the customer takes physical possession of the goods.
In order to exercise this right of withdrawal, the customer must notify the company at the email address noel@lmouest.fr of his decision to withdraw from the present contract by means of an unambiguous written declaration.

The withdrawal form is provided on the invoice. After having filled it in, the customer must join it to the return of the product(s).
The customer will have to send the product(s) back to the company LM Ouest, taking care of the direct costs of sending them back, or give them back to the company at its address, without excessive delay and, in any case, at the latest fourteen days after having communicated his decision to withdraw from the sales contract. This period is deemed to have been respected if the customer returns the product before the expiry of the four-day period.
The customer may be held liable for any depreciation of the goods resulting from handling other than that necessary to establish the nature and characteristics of these goods.

Only the amount of the products is reimbursed, the transport costs are not reimbursed.

Custom-made products will not be refunded, except in the case of an obvious error by the seller.

The seller may postpone the refund until he has received the goods or until the customer has provided him with proof of dispatch of the goods, whichever comes first.
The company LM Ouest will proceed with the reimbursement by using the same means as the one used by the customer for the initial transaction, except if the latter expressly agrees to a different means accepted by the company LM Ouest. In any case, this reimbursement will not cause any costs for the company LM Ouest.

Delivery

The products are delivered to the address indicated by the customer at the time of the order by the means selected by the latter.

LM Ouest drops off the packages:

• For orders placed from Thursday 12:00 to Monday 12:00, the following Tuesday evening.
• For orders placed from Monday 12:00 to Thursday 12:00, the following Friday evening.

However, depending on the availability of the company LM Ouest, these days can be advanced.
The company LM Ouest cannot be held responsible for a delay or error in delivery by the carrier chosen by the customer.

If the customer notes upon delivery that an item is missing or that the products have suffered damage, he/she must indicate this in writing on the delivery note.
The customer must also notify the carrier of the reservations formulated on the delivery note, within 3 days following the reception of the products. This will allow LM Ouest to assert its rights with the carrier retained by the customer.

Intellectual property

The elements reproduced on the site www.lmouest.fr, whether visual or audio, are the exclusive property of the company LM Ouest and are protected by copyright, trademark law and patent law.
Any reproduction and any diffusion of these elements, without prior written authorisation from the company LM Ouest, exposes the offenders to legal proceedings.

Personal data

The information collected by the form that the customer fills in when placing an order or contacting us is necessary to respond to the customer's requests, and is destined for the company LM Ouest responsible for the processing, for administrative and commercial management purposes, as well as for its contractual partners who contribute to the provision of the services offered, notably for delivery.
If the customer has opened an account, he can at any time request its deletion by writing to the company LM Ouest at the address noel@lmouest.fr.

A "privacy policy" page is available on the site to explain in more detail the protection of personal data.

The only cookie used by LM Ouest is to save the basket as a memory for the customer.

Disputes

Complaints or disputes will always be received with attentive benevolence, good faith being always expressed by those who take the trouble to expose their situations. In the event of a dispute, the client will first contact LM Ouest to obtain an amicable solution.
Failing this, the Commercial Court of Dax has sole jurisdiction, regardless of the place of delivery and the method of payment accepted.
Registry of the Commercial Court of Dax - 55 avenue Victor Hugo - 4410 Dax.

Mediation

In accordance with Article L.612-1 of the Consumer Code, the consumer, subject to Article L.612.2 of the Consumer Code, has the right to submit a request for amicable resolution by mediation, within a period of less than one year from the date of his written complaint to the trader..

This institution has designated, by membership registered under number 31361/VA/2204 the SAS Médiation Solution as a consumer mediation entity.

To refer a matter to the Ombudsman, the consumer must formulate his request :

• Or in writing to : SA Médiation - 222 chemin de la Bergerie - 01800 Saint Jean de Niost - 0 482 539 306 - France

• Soit par mail à : contact@sasmediationsolution-conso.fr

• Or by filling in the online form entitled "Contact the Ombudsman" on the website https://www.sasmediationsolution-conso.fr

Regardless of the input method used, the application must contain :

• The applicant's postal, telephone and e-mail address,
• The name and address and the registration number at Sas Médiation Solution of the professional concerned, Noël Marais - LM Ouest -251, avenue du Marensin, 40170 Lit et Mixe - N° 31361/VA/2204
• A brief statement of the facts. The consumer should tell the mediator what he or she wants from the mediation and why,
• Copy of the prior claim,
• all documents enabling the application to be examined (order form, invoice, proof of payment, etc.)

Made in Lit et Mixe,
le 13 mars 2022

Noël MARAIS

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