LedPerf.com: Car and motorcyle LED lighting

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General terms of sale for the Ledperf.eu website

ARTICLE 1: ACCEPTANCE OF THE GENERAL TERMS OF SALE

1.1 These General Terms of Sale (hereafter “GTS”) are applicable to sales of material products on the website Ledperf.eu (hereafter "the Website"), operated by the company LEDPERF SAS, and made by any Internet user who has previously opened a customer account on the Website (hereafter "the Customer").

1.2 When they tick the box “I have read the General Terms of Sale”, the Customer expressly and unreservedly accepts these General Terms of Sale (hereafter “GTS”). Furthermore, they declare that they have the legal capacity to commit themselves under these GTS.

1.3 These GTS may be revised at any time at the sole discretion of LEDPERF SAS. Only the GTS in force on the date that the order was placed are binding on the customer.

ARTICLE 2: IDENTIFICATION OF THE VENDOR - LEGAL NOTICES

LEDPERF SAS is a company with capital of €40,000.
It is registered on the SAINT-ETIENNE trade and companies register under number 511 128 894.
Intra-community VAT number: FR24511128894
APE/NAF number: 4791B
Head office:
LEDPERF SAS
4 Rue des VAB
42400 Saint-Chamond
Email: info@ledperf.com

ARTICLE 3: THE PRODUCTS

The products offered for sale are those presented on the Website, and the company LEDPERF SAS takes the greatest care in the presentation and description of these products to provide the Customer with the best information possible. Nevertheless, errors may appear on the Website, which the Customer acknowledges and accepts. In the event that the product delivered does not comply with its description on the Website, the Customer may exercise his right of withdrawal, or appeal to the Company's guarantee of conformity. If necessary, the Company will exchange or reimburse (in whole or in part) the amounts invoiced.

ARTICLE 4: ORDERING

4.1 Prior to any order, the Customer must open an account on the Website, providing the following information: surname, first name, postal and e-mail address, current telephone number (landline or mobile), and where the Customer can be reached in the event of difficulties concerning delivery.

4.2 To place an order, the Customer is required to confirm their "cart", which lists all the products selected by the Customer on the Website, to select a delivery method, an invoicing and delivery addresses and the choice of the payment method.

Each order is subject to an order confirmation from LEDPERF SAS, which is sent within a maximum period of 24 working hours to the Customer at the e-mail address indicated at the time of registration. The sale shall not be deemed effective until the confirmation of the Order by the Customer.

LEDPERF SAS reserves the right not to confirm an order placed, or to cancel it, in the event of a dispute with a Customer concerning the payment of a previous order. The Customer will be informed of this by e-mail within a maximum of 24 working hours.

Moreover, in case of refusal of payment by the bank payment centre, or refusal of the cheque by our bank, the order will be automatically cancelled and the Customer will be notified by e-mail.

4.3 All requests to modify or cancel all or part of the Customer's order must be sent to LEDPERF SAS using the order modification/cancellation form which can be found in the customer account. Click here for more information on the use of the order modification/cancellation form.

LEDPERF SAS is under no circumstances obliged to accept a request for modification or cancellation of the order, except in the case provided for in Article 8 of these GTS, or in the case of failure by LEDPERF SAS to fulfil its obligation to deliver the goods or provide the service within thirty days of the conclusion of the contract at the latest. The Customer can then rescind the contract, by registered letter with acknowledgement of receipt or in writing via another durable medium, if, after having instructed LEDPERF SAS in the same manner to carry out the delivery or provide the service within a reasonable additional time frame, if the latter has not been carried out within the agreed time frame.

Regardless of the reason, any order cancellation will give the right to the refund of the paid sums only. No compensation can be claimed for the cancellation.

ARTICLE 5: PRICES

5.1 For all products shipped within the European Union, the prices of our products are indicated in EUR (€) all taxes included, excluding participation in processing and shipping costs, and are payable only in EUR (€).

5.2 For all products shipped outside the European Union and to the DOM-TOM, order confirmation and the invoice will only show the price exclusive of VAT in EUR (€). Customs duties or other local taxes, import duties or state taxes may apply and shall be borne exclusively by the Customer, who shall also be liable for the declarations to the competent organisations and authorities in the country concerned. We recommend that you enquire with your local authorities about these aspects.

5.3 LEDPERF SAS reserves the right to changes its prices at any time. The product sold is invoiced on the basis of the price applicable at the time of order. Although our Website is carefully developed, there may be errors in the prices shown on the Website. LEDPERF SAS reserves the right not to proceed with an Order in the event of a manifest error in the price of the product indicated on the Website at the time of ordering. In this case, the Customer will be automatically reimbursed by bank transfer or cheque within 15 days.

5.4 Delivery costs are due at the time of order. Their exact amount depends on the destination to which the order is to be shipped, the services chosen, as well as the content, volume and weight of the products ordered.

The amount of the delivery costs is indicated in the “order cart” and is subject to the Customer's approval when they validate their “cart”.

The Customer may carry out a simulation of the overall value of his order on the Website. The amount indicated remains an estimate and only the price retained when validating the order has contractual value.

In case of multiple orders from the Customer with the same delivery address, LEDPERF SAS reserves the right to combine the order in a single package. In this case, the shipping costs on multiple orders remain attributed to LEDPERF SAS.

ARTICLE 6: PAYMENT METHODS

6.1 The price of the products is payable in full at the time of order. The price invoiced to the Customer is the price shown on the order confirmation sent by LEDPERF SAS.

6.2 Payment may be made:

  • - by banker's card bearing the CB logo: in this case, payment is made via a secure payment interface operated by the BANQUE POPULAIRE DES ALPES. The Customer guarantees to LEDPERF SAS that they have any authorizations required to use the card payment method when taking the order.
  • - via Paypal: the PAYPAL system lets you pay for online purchases in a completely secure environment. Your payment is made directly on the PAYPAL secured server, without going through the store's own server.
  • - by bank transfer: the Customer will be sent the LEDPERF SAS bank details on request.
  • - by money order: a cash transfer service via the Banque Postale.

6.3 Pursuant to the law of 15 May 2001 and Article L.441-6 of the French Commercial Code, any invoice not paid on the due date by a professional customer will give rise to the application of late payment penalties equal to five (5) times the legal interest rate. In addition, a flat rate will be applied to cover recovery costs in the event of non-payment on the due date. This amount stands at 40€.

ARTICLE 7: DELIVERY

7.1 Place of delivery

Delivery is made to the address provided by the Customer at the time of order and indicated on the order confirmation. LEDPERF SAS cannot be held responsible if delivery is impossible because of an error or inaccuracy in the address given by the Customer.

7.2 Delivery times

The order will be fulfilled within the deadlines specified on the Website and on the order confirmation sent by LEDPERF SAS, subject to the availability of the product ordered and except in cases of force majeure, as defined by law and the jurisprudence of the French courts.

The times indicated are calculated in working days, and exclude Saturdays, Sundays and public holidays. In all cases, LEDPERF SAS is obliged to deliver the products no later than thirty calendar days after the conclusion of the contract.

If this time limit is exceeded, the Customer shall not be entitled to any compensation or adjustment of the price their favour. Nevertheless, the Customer may request the cancellation of their order and the reimbursement of the sums paid if the delivery deadlines are not respected.

In case of payment by money order or bank transfer, the order will only be processed upon receipt of the amount due and delivery times run only from this payment.

7.3 Availability

If the product ordered is out of stock or unavailable, LEDPERF SAS undertakes to inform the Customer as rapidly as possible by email and to specify an availability period or an equivalent product at the same price.

The Customer will then have the choice between waiting for the product to become available, opting for the product offered as a replacement, or requesting a refund of their payment, which will take place within a maximum period of 30 days, by cheque, bank transfer or Paypal, depending on the method of payment used by the Customer.

7.4 Product receipt and After-Sales Service

7.4.1 All our orders are checked before dispatch to ensure that the products work correctly and to check the quantities ordered.

7.4.2 For non-registered mail (tracked letter, colissimo without signature, tracked export), computerized tracking prevails and therefore, no claim can be accepted if computerized tracking confirms the delivery of the shipment.

7.4.3 Goods may only be returned with prior agreement from LEDPERF SAS. In the absence of agreement, any returned goods will be held in storage for the Customer at their expense, risk and peril, all transport, storage and handling costs being borne by the Customer.

ARTICLE 8: RIGHT OF WITHDRAWAL

8.1 Pursuant to Article L.121-20 of the French Consumer Code, the Customer has a period of fourteen (14) clear days, from receipt of the goods, to exercise their right of withdrawal, without reason or penalties. The cost of returning the Products shall be borne by the Customer, who shall be refunded the full price within a maximum period of 14 days, by cheque, bank transfer or Paypal, depending on the method of payment used by the Customer.

8.2 Any request for reimbursement in exercise of this right of withdrawal must be made by email or letter sent to the address indicated in Article 1 hereof. The Customer will then be provided with an after-sales service number to be indicated on the return package. The Product must be returned in new, undamaged condition with all the relevant accessories, operating instructions and documentation.

8.3 This right of withdrawal is not applicable to contracts concluded by professionals, or when the goods have been made to the consumer's specifications (Article L.121-20-2 of the French Consumer Code). Likewise, it does not apply to documentation or user software supplied on digital media (CD/DVD or other) with the Products, if these items have been unsealed by the Customer (Article L.121-20-2 5°). Consequently, the Customer may not request cancellation of the Order on the basis of their right of withdrawal if the digital media (CD/DVD/software) have been unsealed, since the user documentation is an integral part of the Order.

8.4 The provisions of this article are only applicable to natural persons who are consumers and resident in the territory of the European Union.

ARTICLE 9: GUARANTEES

9.1 In accordance with Articles L211-4 and following of the French Consumer Code, the products distributed by LEDPERF SAS are subject to the legal guarantee of product conformity as from delivery.

Within this period, the Customer may exercise their guarantee if they realise that the Product purchased from LEDPERF SAS is not compliant or is defective.

9.2 The guarantee shall not apply in the following cases:

  • If the Product has been damaged by the Customer or has been subject to abnormal use with regard to the conditions of use recommended by LEDPERF SAS,
  • If the Product has been incorrectly assembled, incorrectly fitted, or poorly badly maintained by the Customer,
  • If the Product has been repaired, modified or altered by the Customer or a third party not expressly authorized by LEDPERF SAS,
  • If the Product has been used in a wet environment or outdoors if this is expressly not permitted on the product data sheet,
  • In the event of normal wear and tear or ageing of the Product.
  • If the Product is returned marked with ink or any other substance: as most products are repairable, the guarantee cannot cover a product which the Customer has marked or annotated using a pen or any other means.

9.3 If the conditions of the guarantee are met, LEDPERF SAS undertakes to repair the product within 30 days. If repair is not possible, LEDPERF SAS will offer the Customer to replace his product with an equivalent product or to reimburse it in cash, by cheque, bank transfer or Paypal, depending on the method of payment used by the Customer.

9.4 To exercise this guarantee, the Customer should must complete the form available at the following address:

My After-Sales information

They can also contact LEDPERF SAS by email via the contact form available on the Website. The Customer will receive by return, an After Sales-RMA (Return Material Authorization) number. Defective products must be returned in reinforced packaging accompanied by the return number provided by LEDPERF SAS.

9.5 This guarantee does not prevent the Customer from exercising the guarantee for hidden defects provided for in Articles 1641 et seq. of the French Civil Code.

9.6 Special guarantees: certain products benefit from a 5-year sales guarantee (information given on the product data sheet) while the conditions above still apply. The ballasts supplied in the Xenon HID conversion kits are guaranteed for life, on condition that a photo is sent showing the bar code and cut cables on the ballast if the guarantee is called on. The Xenon HID bulbs in the Xenon HID conversion kits are guaranteed for 2 years on condition that they do not show any finger marks (a blue light test is conducted) and that they are in perfect condition. The Xenon bulbs HID and ballasts purchased individually and not as part of a full Xenon HID conversion kit benefit from a 2-year guarantee. Extended guarantee: if the option is available, the Customer may subscribe to this to extend the total period of the guarantee on their order. The "Extended guarantee" option comes in addition to the legal guarantee, but it shall not be included when calculating shipping costs and when calculating the reducation granted on use of a discount code.

9.7 The guarantee is only applicable for claims made by the holder of the customer account who made the purchase on the Ledperf.eu Website; claims are to bmay only be made from the customer account.

ARTICLE 10: LIMITATION OF LIABILITY

10.1 Some Products sold on the Website are not approved for use on public roads. They must not therefore be used in road traffic on public roads, and are exclusively intended for sporting events (circuit, rally). Each country has its own laws restricting the use of these Products. Before purchasing a product sold on the Webite, each user must therefore acquaint themselves with the laws of the country in which they intend to use these Products. On French territory, it is up to the Customer to comply with the legal and regulatory requirements on day and night vehicle lighting, stipulated in Articles R.313-1 to R.313-35 of the French Highway Code, and on homologation stipulated in Articles R.321-1 to R.321-25 of the French Highway Code. The Customer confirms that they have read the Articles listed above before purchasing, and confirms that they have checked that the use they intend to make of the Products complies with the legal requirements of in those Articles.

Order validation implies confirmation that the Customer has read the aforementioned Articles, that they are aged 18 or over and are aware of the risks involved in purchasing Products covered by this legislation, and that they undertake to use these Products exclusively within the framework of private or professional use in a competition or for leisure purposes on private ground.

In any event, it is the Customer's responsibility to refer to the Product characteristics, as indicated on its technical data sheet and/or packaging, and to the legislation in force in their country to determine whether or not the Product can be used on public roads.

10.2 LEDPERF SAS also draws the Customer's attention to the fact that the use and assembly of these Products on vehicles on the road is likely to cause the Customer to lose the manufacturer's contractual guarantee and may be a guarantee exclusion provision in certain insurance policies.

It is therefore the Customer's responsibility to obtain information on this point from the manufacturer and/or their insurer, and to make the necessary declarations in order to maintain these guarantees.

10.3 LEDPERF SAS shall not be held liable in any way whatsoever for any direct or indirect damage, whether material or immaterial, related to the use of the ¨Product(s) that it markets, most notably if the Product:

  • is installed in conditions that do not comply with the user manual, or for purposes other than those intended.
  • is used in conditions contrary to the regulations in force in the State in which the Customer resides, and/or in which the vehicle fitted with the Product is being used.
  • has been assembled or fitted incorrectly.

ARTICLE 11: FORCE MAJEURE

11.1 Natural disasters and any unforeseeable and unstoppable event are expressly considered as force majeure. An event that may be known in advance or whose effects are not insurmountable may not constitute force majeure.

11.2 The occurrence of a case of force majeure will initially suspend, as of right, the fulfilment of the order.

11.3 If beyond a period of three (3) months, the parties note that the the case of force majeure is ongoing, the order will be automatically cancelled, unless otherwise agreed by both parties.

ARTICLE 12: PROOF

12.1 The computerized registers stored in the Website's IT systems under reasonable conditions of security will be considered as proof of communication, orders and payments between the parties.

Purchase orders and invoices are archived on a reliable and durable medium that can be produced as proof.

12.2 The order confirmation sent to the customer by LEDPERF SAS, in paper or electronic form, constitutes for the customer a proof of the transaction carried out.

ARTICLE 13: RETENTION OF TITLE

IN ACCORDANCE WITH ARTICLE L 624-16 OF THE FRENCH COMMERCIAL CODE, THE DELIVERED GOODS REMAIN THE PROPERTY OF LEDPERF SAS UNTIL COMPLETE PAYMENT OF THE PRICE BY THE CUSTOMER. IN THE ABSENCE OF PAYMENT OF THE FULL AMOUNT REMAINING DUE BY THE CUSTOMER, AND AFTER EXPIRY OF A PERIOD OF EIGHT (8) DAYS FOLLOWING THE SENDING BY LEDPERF SAS BY RECORDED DELIVERY OF A FORMAL NOTICE THAT HAS REMAINED UNHEEDED, THE CONTRACT WILL BE AUTOMATICALLY RESCINDED, AND LEDPERF SAS MAY CLAIM OWNERSHIP OF THE GOODS SOLD, UNDER THE CONDITIONS PROVIDED FOR IN ARTICLES L.624-9 AND FOLLOWING OF THE FRENCH COMMERCIAL CODE. THIS CLAUSE HAS BEEN BROUGHT TO THE ATTENTION OF THE CUSTOMER PRIOR TO ESTABLISHMENT OF THE CONTRACT WITH THE VALIDATION OF THE GENERAL TERMS OF SALE, AND IS ONLY APPLICABLE TO SALES CONCLUDED WITH PROFESSIONAL CUSTOMERS.

ARTICLE 14: PERSONAL DATA

14.1 The personal information collected for the purposes of distance selling is essential for the processing and routing of orders and the establishment of invoices. This information enables us to carry out operations such as customer management, prospecting, the establishment of sales statistics, the management of access requests, rectification and opposition rights, the management of unpaid invoices and litigation, the management of promotional operations, and the management of notices. This data may be used to send information, promotional offers, prospecting operations, information or communication from LEDPERF SAS.

14.2 In accordance with the French law on data processing (“Informatique et Libertés”), the processing of nominative information concerning customers has been the subject of two declarations (no.2186227 and no.2185318) to the Commission Nationale de l'Informatique et des Libertés (CNIL).

14.3 The Customer has a right of access, modification, rectification and deletion of data concerning them, which they can exercise with LEDPERF SAS, under the conditions provided for by Article 34 of the French law dated 6 January 1978. In addition, LEDPERF SAS undertakes not to communicate, free of charge or in exchange for payment, the contact details of its customers to a third party

14.4 We would like to point out the existence of "Bloctel", a list of users who have expressed their opposition to telephone canvassing. You can register for this list here: https://conso.bloctel.fr/.

ARTICLE 15: INTELLECTUAL PROPERTY

LEDPERF SAS is the sole owner of all intellectual property rights attached to the plans, studies, assembly instructions supplied with the Products sold, and all files, photographs, diagrams, sketches, texts or any content protected by copyright published on the Site. Any unauthorised use or distribution of these documents by the Customer, on any medium whatsoever, even free of charge, therefore constitutes an act of counterfeiting, likely to incur the criminal and civil liability of the perpetrator.

ARTICLE 16: GOVERNING LAW AND SETTLEMENT OF DISPUTES

16.1 These GTS are subject to French law both in terms of substance and for the rules governing their form.

16.2 Careful and considerate attention will always be given to claims and disputes, the party that takes the trouble to state the situation always being considered to be acting in good faith.

16.3 In the event of a dispute between LEDPERF SAS and a professional client, the parties will seek to resolve the dispute between them amicably, through conciliation, mediation, participatory procedure, or any other method of alternative dispute resolution.

In this respect, it is recalled that, in accordance with Article 2238 of the French Civil Code:
"The period of limitation shall be suspended from the day on which, after a dispute has arisen, the parties agree to have recourse to mediation or conciliation or, in the absence of a written agreement, from the day of the first mediation or conciliation meeting. The period of limitatoin shall begin to run anew for a period of not less than six months, from the date on which either one or both of the parties or the mediator or conciliator declare that the mediation or conciliation is terminated."

16.4 IN THE ABSENCE OF AMICABLE SETTLEMENT BETWEEN LEDPERF SAS AND A PROFESSIONAL CUSTOMER, ANY DISPUTE RELATING TO THE INTERPRETATION AND/OR THE FULFILMENT OF THESE GENERAL TERMS OF SALE AND ANY SALE CONCLUDED BETWEEN THE PARTIES, WILL BE OF THE EXCLUSIVE COMPETENCE OF THE COMMERCIAL COURT OF SAINT-ETIENNE (FRANCE), EVEN IN THE EVENT OF SUMMARY PROCEEDINGS, OF AN INCIDENTAL CLAIM OR IN THE EVENT OF MULTIPLE DEFENDANTS OR THE INTRODUCTIN OF THIRD PARTIES.

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