General Terms and Conditions of Sale

1. Definitions

These General Terms and Conditions of Sale (hereinafter "GTC") are offered by the company LARA LAKMANE GESTIONS SLU (hereinafter the "Company"), a Spanish SLU registered under SIREN number 823144605, represented by Mr. Christophe ARNAUD, whose registered office is located at CARRE NORD NUM 7, PLANTA 1 PTA 1 - 17700 LA JONQUERA (GIRONA) - SPAIN.

Its non-premium-rate telephone numbers are:
Phone number: Tel. (France): +33 (0) 666 111 481 - Tel. (Spain): +34 972 505 421, and its email address is [email protected].

Intra-community VAT number ESB55196257

The company is the owner and publisher of the website accessauto4x4.com (hereinafter "the Site"). The Site is hosted by OVH SAS 2 rue Kellermann - 59100 Roubaix - France

The Site offers the Customer (hereinafter the "Customer") the opportunity to purchase automotive accessories for 4x4s, SUVs, commercial vehicles, and passenger cars (hereinafter the "Products/Services").

Before using the Site, the Customer must ensure that they have the technical and IT means to use the Site and to order the Services and Products on the Site, and that their browser allows secure access to the Site. The Customer must also ensure that the IT configuration of their hardware/equipment is in good condition and does not contain any viruses.

2. Application and Enforceability of the GTC

The purpose of these GTC is to define all the conditions under which the company markets the Products and/or Services as offered for sale on the Site to Customers. They therefore apply to any Order (hereinafter "Order") for Products and/or Services placed on the Site by the Customer.

The Customer declares that they have read and accepted these GTC before placing their Order.

Validation of the Order therefore constitutes acceptance of these GTC. These are regularly updated; the applicable GTC are those in force on the Site at the date the Order is placed.

Any contrary condition imposed by the Customer shall therefore, in the absence of express acceptance, be unenforceable against the company regardless of the time at which it may have been brought to its attention.

The fact that the company does not invoke any provision of these GTC at any given time shall not be interpreted as a waiver of the right to invoke any provision of said GTC at a later date.

3. Ordering Products/Services on the Site

The company reserves the right to correct the content of the Site at any time.

The Customer can find on the product page the period during which, or the date until which, spare parts essential for the use of the product are available on the market.

The Products and/or Services offered for sale are described and presented with the greatest possible accuracy. However, a minor variation in the color of the product(s) does not engage the company's liability and does not affect the validity of the sale.

The Customer selects the Product(s) and/or Service(s) they wish to purchase and can access a summary of their Order at any time.

The Order summary presents the list of Product(s) and/or Service(s) the Customer has selected, and includes any additional charges such as the delivery fee added to the price of the Product(s) and/or Service(s) in the Order. The Customer has the option to modify their Order and correct any errors before proceeding to accept their Order.

After accessing their Order summary, the Customer confirms acceptance of their Order by checking the GTC validation box, then clicking on the Order validation icon. The phrase "Order with payment obligation" or an equivalent unambiguous wording appears next to the Order validation icon to ensure the Customer explicitly acknowledges their payment obligation for the Order.

After accepting the GTC and validating the Order with payment obligation, the contract is validly concluded between the company and the Customer and binds them irrevocably.

After validating their Order and in order to proceed to payment, the Customer enters the delivery address for the product(s) and reception address for the service(s), and the billing address if different. The delivery process for the product(s) and reception of the service(s) is described in Article 5 of these GTC.

The company then sends the Customer an Order confirmation by email, including the elements of their Order summary and the delivery and, where applicable, billing addresses provided.

After validating their delivery and, where applicable, billing details, the Customer proceeds to payment of their Order as specified below.

4. Prices and Payment Terms

Prices are indicated on the Site in the Product and/or Service descriptions, in euros, excluding tax and inclusive of all taxes.

The total amount is indicated in the Order summary, before the Customer accepts these GTC, validates their Order, enters and validates their delivery and, where applicable, billing details, and proceeds to payment. This total amount is shown inclusive of all taxes.

The Order for Products and/or Services on the Site is payable in euros. Full payment must be made on the date of the Order by the Customer, by credit card unless particular conditions of sale are expressly accepted by the Customer and the company.

In the case of payment by credit card, the Site uses the security systems of Payplug, Mollie, Paypal, and Oney, providers specializing in securing online payments. These systems guarantee the Customer complete confidentiality of their banking information. The bank card transaction carried out between the Customer and the secure system is therefore fully encrypted and protected. The Customer's banking details are not stored digitally by the company.

The general terms of use of the PAYPLUG solution are available at the following address: https://content.payplug.com/hubfs/CGV/Conditions-Generales-de-Vente-PayPlug.pdf
The general terms of use of the MOLLIE solution are available at the following address: https://www.mollie.com/fr/user-agreement
The general terms of use of the PAYPAL solution are available at the following address: https://www.paypalobjects.com/marketing/ua/pdf/FR/fr/ua-103122.pdf
The general terms of use of the ONEY solution are available at the following address: https://souscription.oney.fr/site/ressources/pages-orphelines/oney-plus/pdf/ConditionsGeneralesUtilisationServiceConnexionComptes.pdf

The Customer guarantees to the company that they have the necessary authorization to use the payment method at the time of placing the Order.

The company reserves the right to suspend or cancel any execution and/or delivery of an Order, regardless of its nature and level of execution, in the event of non-payment or partial payment of any amount owed by the Customer to the company, in the event of a payment incident, or in the event of fraud or attempted fraud relating to the use of the site and the payment of an Order.

Oney 3/4x - GTC

Pay for your order in 3 or 4 installments by credit card for purchases from €100 up to €3,000 with Oney Bank. Our partner Oney Bank offers a financing solution called 3x 4x Oney, which allows you to pay for purchases from €100 to €3,000 in 3 or 4 installments with your credit card. Conditions: This offer is reserved for private individuals (adult natural persons) residing in France and holding a Visa or MasterCard credit card with a validity date exceeding the duration of the chosen financing. Cards requiring systematic authorization, particularly of the Electron, Maestro, Nickel type, etc., as well as e-cards, Indigo cards, and American Express cards are not accepted. Subscription process: After completing your order, simply click on the "pay in 3x 4x Oney by credit card button". You will then be redirected to the 3x 4x Oney internet page of our partner displaying a detailed summary of your order and the personalized financing request, which you must then validate. You enter your personal information or, if you have a 3x 4x Oney account, you identify yourself using the login credentials linked to your 3x 4x Oney account. You review the general terms and conditions for installment payment to which you wish to subscribe, which are provided in PDF format so that you can read, print, and save them before accepting them. You then notify your electronic acceptance by checking the corresponding box. You acknowledge that the "double click" associated with the checkbox confirming that you have read the general terms and conditions constitutes consent to contract and represents an irrevocable and unconditional acceptance of the general terms and conditions of the product. Unless proven otherwise, the data recorded by Oney Bank constitutes proof of all transactions made between you and Oney Bank. If you request to benefit from a financing solution offered by Oney Bank, information related to your order will be transmitted to Oney Bank, which will use it for the purpose of studying your application for the granting, management, and collection of credit. Oney Bank reserves the right to accept or refuse your 3x 4x Oney financing application. You have a 14-day withdrawal period to cancel your credit. How it works: Paying in 3 or 4 installments by credit card allows you to settle the order placed on our merchant site as follows: A mandatory initial payment, debited on the day your order shipment is confirmed; two or three monthly installments, each corresponding to one-third or one-quarter of the order, collected 30 and 60 days later for 3 installments, and 30, 60, and 90 days later for 4 installments, which include charges corresponding to 1.67% of the total order amount for 3 installments and 2.50% for 4 installments (up to a maximum of €30 for a 3-installment payment and €60 maximum for 4 installments). • Payment in 3 installments for purchases from €100 up to €3,000. Example: For a purchase of €150, initial payment of €52.51 then 2 monthly installments of €50. 2-month credit at a fixed APR of 22.59%. Financing cost: €2.51 up to a maximum of €30. • Payment in 4 installments for purchases from €100 up to €3,000. Example in 4 installments for a purchase of €400, initial payment of €110, then 3 monthly installments of €100. 3-month credit at a fixed APR of 22.63%. Financing cost €10 up to a maximum of €60. Special conditions for one-time promotional offers: For 0% interest 3-installment payment: the financing cost is 0% of the total order amount. Example for a purchase of €150, initial payment of €50, then 2 monthly installments of €50. 2-month credit at a fixed APR of 0%. Financing cost: €0. For 0% interest 4-installment payment: the financing cost is 0% of the total order amount. Example for a purchase of €400, initial payment of €100, followed by 3 monthly installments of €100. 3-month credit at a fixed APR of 0%. Financing cost: €0. Oney Bank - SA with capital of €71,801,205 - Registered office: 34 avenue de Flandre 59170 CROIX - RCS Lille Métropole 546 380 197 - Orias no.: 07 023 261 - www.orias.fr - Correspondence: CS 60006 - 59 895 Lille CEDEX 9

Financing offer without insurance with mandatory initial payment, reserved for private individuals and valid for any purchase from €100 to €3,000. Subject to acceptance by Oney Bank. You have a 14-day period to cancel your credit. Example in 3 installments for a purchase of €150, initial payment of €52.51, then 2 monthly installments of €50. 2-month credit at a fixed APR of 22.59%. Financing cost €2.51 up to a maximum of €30. Example in 4 installments for a purchase of €400, initial payment of €110, then 3 monthly installments of €100. 3-month credit at a fixed APR of 22.63%. Financing cost €10 up to a maximum of €60. Conditions as of 13/11/2024, subject to revision. For more information visit oney.fr. Oney Bank - SA with capital of €71,801,205 - 34 Avenue de Flandre 59 170 Croix - 546 380 197 RCS Lille Métropole - Orias no. 07 023 261 www.orias.fr

5. Use of Services/Delivery

The product(s) offered on the Site may be delivered to metropolitan France, French overseas departments and regions, Switzerland, Europe, and a large part of the world. The service(s) is (are) automatically delivered to the Customer from the time their Order is validated.

The company undertakes to deliver the product(s) within a period not exceeding 30 days from the date of the Order. The Customer must ensure that the information provided when placing their Order is correct.

The Customer is notified by email when their Order is ready and has been dispatched. The ordered product(s) is (are) delivered to the delivery address provided by the Customer at the time of their Order under the conditions specified in Article 3 of these GTC.

The Customer must ensure that the information provided is correct and remains so until full delivery of the ordered product(s). The Customer therefore undertakes to inform the company of any change in billing and/or delivery details that may occur between the Order and delivery, by sending, without delay, an email to the customer service email address. Failing this, in the event of a delivery delay and/or error, the Customer may under no circumstances hold the company liable for non-delivery, and the company's customer service will contact the Customer for a second delivery at the Customer's expense.

The company shall also not be held liable if non-receipt of the Products and/or Services is due to a third party outside of its involvement or in the event of theft.

In the event of the Order being returned due to the Customer's absence, the company's customer service will contact the Customer for a second delivery at the Customer's expense.

The Customer may track the delivery of their Order by contacting the customer service department whose contact details are provided in Article 6 of these GTC.

6. Customer Service

For any request for information, clarification, or any complaint, the Customer must contact, as a priority, the company's customer service department, in order to allow it to attempt to find a solution to the problem.

The company's customer service department is accessible from 10am to 7pm Monday to Friday and Saturday from 10am to 5pm (closed Sunday) using the following contact details:

• Tel. (France): +33 (0) 666 111 481 - Tel. (Spain): +34 972 505 421
• Email address: [email protected]
• Postal address:
  • LARA LAMKANE GESTIONS SLU
  • CARRE NORD NUM 7, PLANTA 1 PTA 1
  • 17700 LA JONQUERA (GIRONA)
  • SPAIN

7. Legal and Commercial Warranties

If a Customer believes they have received a product they consider defective or non-conforming, they must contact the company as soon as possible from the date of receipt of the Order, at the following email address: [email protected], or by registered letter with acknowledgment of receipt to the following address:

• LARA LAMKANE GESTIONS SLU
• CARRE NORD NUM 7, PLANTA 1 PTA 1
• 17700 LA JONQUERA (GIRONA)
• SPAIN

, specifying the defect or non-conformity in question.

It will be the Customer's responsibility to provide all justification regarding the identification of apparent defects and/or anomalies found. The Customer must allow the company every facility to ascertain these defects or non-conformities and to remedy them where applicable. The Customer shall refrain from intervening themselves or having a third party intervene for this purpose.

If the defects and/or anomalies are confirmed by the company, the company will then send the Customer instructions on how to proceed after reviewing the claim submitted, and, where applicable, will proceed with the replacement of the product whose lack of conformity or defectiveness the company has found.

In the event that replacement of the product is impossible, the company will be required to refund the Customer within fourteen days following receipt of the product. The refund will be made at the company's proposal by credit to the Customer's bank account, with the Customer having the option to choose a different refund method than the one proposed.

8. Customer Obligations

The Customer undertakes to comply with the terms of these GTC.

The Customer undertakes to use the Site and services in accordance with the company's instructions.

The Customer agrees that they use the Site only for personal use, in accordance with these GTC. In this regard, the Customer agrees to refrain from:

• Using the Site in any illegal manner, for any illegal purpose, or in any manner incompatible with these GTC;
• Selling, copying, reproducing, renting, lending, distributing, transferring, or sublicensing all or part of the content on the Site, or decompiling, reverse engineering, disassembling, modifying, or displaying in human-readable form, attempting to discover any source code, or using any software enabling or comprising all or part of the Site;
• Attempting to gain unauthorized access to the Site's computer system or engaging in any activity that disrupts, degrades the quality of, interferes with the performance of, or impairs the functionality of the Site;
• Using the Site for abusive purposes by intentionally introducing viruses or any other malicious software, and attempting to gain unauthorized access to the Site;
• Infringing the company's intellectual property rights and/or reselling or attempting to resell the products to third parties;
• Disparaging the Site and/or the products as well as the company on social media and any other means of communication.

If, for any reason, the company considers that the Customer is not complying with these GTC, the company may at any time, at its sole discretion, remove their access to the Site and take any measures including any civil and criminal legal action against them.

9. Right of Withdrawal

In accordance with Articles L.221-18 et seq. of the Consumer Code, the Customer has a period of 14 days from the validation of their Order on the Site to exercise their right of withdrawal from the company, without having to justify reasons or pay any penalty.

All Products/Services may be subject to withdrawal, except those excluded by Article L. 221-28 of the Consumer Code, reproduced below:

To exercise their right of withdrawal from the Order, the Customer must notify their withdrawal decision using the withdrawal form provided in the annex hereto or by means of an unambiguous statement, without justifying reasons. The Customer may communicate their withdrawal decision to the company by any means, in particular by sending it by post to the company at the following address:

• LARA LAMKANE GESTIONS SLU
• CARRE NORD NUM 7, PLANTA 1 PTA 1
• 17700 LA JONQUERA (GIRONA)
• SPAIN

or by email to [email protected]

Upon notification to the company by the Customer of their withdrawal decision, regardless of the method used, the company will send them without delay an acknowledgment of receipt of the withdrawal on a durable medium (in particular by email).

The Customer must return the product(s) in the same condition as received, with all packaging elements, accessories, and instructions (even if the product(s) has or have been unpacked), as soon as possible and no later than 14 days from the date of notification of the withdrawal decision for this contract, to the following address:

• LARA LAMKANE GESTIONS SLU
• CARRE NORD NUM 7, PLANTA 1 PTA 1
• 17700 LA JONQUERA (GIRONA)
• SPAIN

In accordance with the law, the Customer bears the return shipping costs for the product(s).

In the event of withdrawal by the Customer, the refund of the Product(s) and/or Service(s) that have been subject to the right of withdrawal is made by the company using the same payment method as that used for the initial transaction, unless the Customer expressly agrees to a different method. In any case, this refund will not incur any charges for the Customer. The refund is processed as soon as possible, and no later than 14 days from the date on which the company is informed of the Customer's decision to withdraw from their Order.

In accordance with Article L.221-23 of the Consumer Code, the Customer is informed that their liability to the company is only incurred for a depreciation of the product(s) returned following the exercise of their right of withdrawal, resulting from handling other than that necessary to establish the nature, characteristics, and proper functioning of the goods. In the event of use of the Services within the withdrawal period, the Customer is deemed to have expressly waived their right of withdrawal.

10. Liability

The company implements all appropriate measures to ensure the Customer is supplied with quality product(s)/service(s) under optimal conditions. However, under no circumstances may its liability be incurred for any non-performance or improper performance of all or part of the services provided for in the contract, which would be attributable either to the Customer, or to the unforeseeable and unavoidable act of a third party not party to the contract, or to a case of force majeure. More generally, if the company's liability were engaged, it could in no case agree to compensate the Customer for indirect damages or those whose existence and/or quantum are not established by evidence.

The company cannot be held liable for damages caused by misuse of one of its Products/Services or by failure to follow the usage precautions and hygiene, storage, and safety conditions when using one of its Products/Services.

The Site may contain links to other sites not published or controlled by the company, which cannot be held liable for the operation, content, or any element present on or obtained through these sites.

The establishment of such links or reference to any information, articles, or services provided by a third party cannot and must not be interpreted as express or tacit endorsement by the company of these sites and their elements or their contents.

The company is not responsible for the availability of these sites and cannot control their content or validate the advertising, product(s)/service(s), and other information disseminated on these websites.

It is expressly stipulated that the company cannot under any circumstances be held liable, in any manner whatsoever, in the event that the Customers' computer equipment or electronic messaging system rejects, for example due to an anti-spam filter, the electronic messages sent by the company, including but not limited to, the copy of the payment receipt, the Order summary, or the shipment tracking email.

The Customer is fully aware of the provisions of this article and in particular the aforementioned warranties and limitations of liability, which are essential conditions without which the company would never have contracted.

11. Security

The Customer undertakes not to compromise the security of the Site. To this end, they undertake not to attempt any fraudulent access to and/or unauthorized maintenance within the company's information system. The Customer may also not damage or obstruct the company's information system. Failing this, the company may take any measure against them, including engaging their criminal liability under Articles 323-1 et seq. of the Penal Code.

12. Intellectual Property and Personal Data

All elements of this Site and the Site itself are protected by copyright, trademark law, design rights, and/or all other intellectual property rights. These elements are the exclusive property of the company. All these rights are reserved worldwide.

The name and trademark, logos, designs and models, stylized lettering, figurative marks, and all signs represented on this Site are and shall remain the exclusive property of the company.

No title or right whatsoever to any element or software shall be obtained by downloading or copying elements of this Site. The Customer is strictly prohibited from reproducing (other than for personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting, adding to this Site and the elements and software it contains, as well as from modifying them or performing any work based on them, or selling or participating in any sale related to this Site, the elements of this Site, or any related software.

The company grants the Customer a non-exclusive license to use the Site. This license is strictly personal and may under no circumstances be assigned or transferred to any third party whatsoever. The license is granted for the duration of use of the Site.

Any use by the Customer of trade names, trademarks, and distinctive signs belonging to the company is strictly prohibited unless the company's express prior consent has been obtained.

The company understands that data protection and privacy is a concern for all internet users visiting the Site. The company undertakes, in accordance with GDPR regulations, to respect your privacy and to protect your personal data, i.e., data likely to identify you directly or indirectly as a person.

In the context of the order, the company intends to collect personal data from the Customer. The company undertakes to protect customers' personal data.

Files containing personal data necessary for the order are stored in particular on the servers of the Site's hosting provider. This provider ensures compliance with the requirements of the General Data Protection Regulation (GDPR). The company does not share or trade customers' personal data.

At the point of ordering on the Site, the Customer expressly consents to the collection and processing of their personal data necessary to complete orders.

The personal data collected by the company is intended to enable the fulfillment of the order. The various personal data will not be retained longer than necessary for the purposes for which they were collected, including with regard to compliance with legal or fiscal obligations.

In accordance with the provisions of Law No. 78-17 of January 6, 1978, as amended by Law No. 2004-801 of August 6, 2004 known as the "Data Protection Act", and the General Data Protection Regulation (GDPR), subject to proof of identity, any Customer, regardless of nationality, has the right to access, modify, and delete their personal data. Each Customer also has the right to request a limitation on the processing of their data and also has the right to data portability as well as the right to object to the processing of their personal data.

For the purposes of applying this clause and, in particular, ensuring the confidential processing of Customers' data, the company has appointed, in accordance with the provisions of the General Data Protection Regulation (GDPR), a Data Protection Officer, who can be contacted at the following address: [email protected]

In any case, any Customer has the right to file any complaint with the CNIL (French Data Protection Authority).

13. Newsletter

By checking the box provided for this purpose or by expressly giving their consent to this end, the Customer accepts that the company may send them, at a frequency and in a form determined by the company, a newsletter containing information relating to its activity.

When the Customer checks the box provided for this purpose during the registration process on the Site to place the Order, they agree to receive commercial offers from the company for products/services similar to those ordered.

Customers will have the option to unsubscribe from the newsletter by clicking on the link provided for this purpose, present in each newsletter.

14. Telephone Marketing Opt-Out List

The Customer has the option to register free of charge on the BLOCTEL telephone marketing opt-out list (www.bloctel.gouv.fr) in order to no longer be solicited by telephone by a professional with whom they have no current contractual relationship, in accordance with Law No. 2014-344 of March 17, 2014 relating to consumption. Any consumer has the option to register free of charge on this list at the website https://conso.bloctel.fr/index.php/inscription.php.

15. Applicable Law and Jurisdiction

These GTC are governed by and interpreted in accordance with Spanish law, without regard to conflict of law principles.

In the event of a dispute arising from the interpretation and/or execution of these GTC or in connection with these GTC, the Customer may choose to submit the dispute with the company to a conventional mediation procedure or any other alternative dispute resolution method.

It is finally recalled that mediation is not mandatory but is only proposed in order to resolve disputes while avoiding recourse to the courts.

The Customer may also visit the European consumer dispute resolution platform established by the European Commission at the following address, which lists all approved dispute resolution bodies in France: https://webgate.ec.europa.eu/odr/.

In the event of failure of this mediation procedure, or if the Customer wishes to bring a case before a court, the rules of the Code of Civil Procedure shall apply.