terms and conditions
article 1. scope
These Terms and Conditions are intended to define the rules applicable to the sale of products (hereafter ‘the Product(s)) on the Site www. lyon-beton .com (Hereafter: “the Site”), Between PEARLINK INTERNATIONAL (Hereafter the “Supplier”), Société à Responsabilité Limitée [French limited liability company] with a registered share capital of 90,000 euros, whose registered office is located at 295, Chemin de Grange Rouge, LA BEGUDE OF MAZENC (26160), registered at the French trade and companies registry (RCS) of ROMANS under number 399 510 684 VAT number: FR 64399510684. And Any non-trading adult person (hereafter ‘the Customer’), who has the legal capacity to contract, exclusively residing in countries to which www. lyon-beton .com delivers and who purchases the product(s) on the Site. The Customer declares that he/she is at least over 18 years of age, have the legal capacity to contract or have a parental authorisation allowing him/her to make orders freely on the Site. These Terms of Sales (hereafter the ‘Terms of Sale’) govern the sale of the Product(s) on the Site without restriction. The Terms of Sale applicable to each order are those in effect on the date of the Customer’s order. Any order on the Site implies that the Customer has fully accepted the Terms of Sale in force at the time the order is made. Under these terms, it is agreed that the Customer and the Supplier shall be collectively referred to as the ‘Parties’ and individually as a ‘Party’.
article 2. purpose
These Terms of Sale are intended to define the terms and conditions in which the Products are sold by the Supplier.
article 3. product
The Products available for sale are those which appear on the Site on the day of the Customer visit. Each Product has a data sheet which contains: the price, a photograph, the sizes, the composition and the specific characteristics of the Product. Our items are designed for individuals. They can be used outdoor under temperate weather. We advise to store them or shelter them in a dry place in case of freezing weather, heavy rains or high humidity, and to avoid direct exposure to the sun. They are not suitable for heavy duty use, cannot be considered as urban furniture, are not adapted to public areas. They are not compatible with the standards required for professional or collectivity use. Some products, developed with Ultra High-Performance Concrete from VICAT – such as the ALPS table – can be used outdoors in climates that experience wide temperature variations. The photographs, texts and videos of the Product(s) shown on the Site are not contractually binding and www.lyon-beton.com cannot accept liability if the article bears no relation to the information provided on the Site.
article 4. sales price
The prices of the Product(s) available for sale on the Site are shown in euros, inclusive of VAT, and exclusive of delivery costs; the Value Added Tax (VAT) rate is that which is in force in the French mainland territory on the day the order is confirmed and any change in applicable VAT rates shall be automatically reflected in the price of Products. The Supplier reserves the right to modify the prices at any time, but commits to apply the prices shown on the Site when the Customer makes the order. The prices shown on the order after it has been confirmed, will be recorded as such and shall be firm and final: if the price falls a few days after the order, the Supplier may under no circumstance compensate the Customer for the difference; if the price increases, the Supplier commits to deliver the Product at the price set on the day of the order. The prices shall not take into account the cost of delivering the Product(s) to the Customer, which shall be mentioned and invoiced separately when the order is made. The Customer will find details of the delivery costs on the transaction summary provided before the order is confirmed; this cost is inclusive of VAT. These costs will be borne by the Customer and will be invoiced in addition to the sales price for the Product(s).
article 5. ordering and paying for the products
5.2 – ORDER CONFIRMATIONAs soon as the order has been accepted, the Customer will receive an order confirmation email, summarising all the items ordered, along with the delivery and invoicing address. The confirmation of the order by the Customer and the sending of an order confirmation email by the Supplier to the Customer, after payment acceptance, equate to a contract of sale between the Parties and acceptance of the Terms of Sale. The Supplier reserves the right not to confirm the order, in the event of:
- abnormal or abusive claims,
- abnormal quantities ordered,
- abnormal or abusive returns,
- outstanding claim with the Customer.
5.3 – PAYMENTThe price of the Product must be fully paid on the day the Customer places the order. If the payment fails, if there is an incorrect address, or any other problem related to the Customer’s account, the Supplier reserves the right to block the Customer’s order until the problem is resolved. Transactions on the site are secured by PayPal. The Customer’s bank details are not retained.
5.4 – ORDER ARCHIVINGThe order confirmation will be recorded in the Supplier’s files, which are themselves held on reliable and durable media. The Customer accepts that the order confirmation is deemed proof that a contractual relationship exists between the Parties.
article 6. delivery
The delivery terms are “at the foot of the building” at the address mentioned on the order. Any other delivery method requested by the client can be arranged by contacting Lyon Béton by phone or email. The risks for loss or damage to the Products shall be transferred to the Customer after the Products have been delivered and received by the Customer. The Supplier shall deliver the orders together with a delivery slip within the time period announced on the order confirmation. The delivery deadlines mentioned by the Supplier are the average deadlines for Products in stock, which correspond to the time for handling and shipping the order. These deadlines are not strict and www. lyon-beton .com cannot be held liable in the event of late delivery or any rupture of stock. Any delays in manufacturing the personalised Products may not in any way give rise to the order being cancelled or refunded or paying a penalty or damages to the Customer. www. lyon-beton .com accepts no liability for late or incorrect delivery due to Customer error when entering the address, at the time of placing the order. If any order is re-dispatched, this cost shall be invoiced to and borne by the Customer. www. lyon-beton.com shall not be held liable for any late delivery due to problems attributable to shipping companies.
article 7. receipt of the order
Shipping risks shall be borne by the Supplier, provided that the Customer checks the Products as soon as they arrive in the presence of the shipping agent and records any reservations in writing on the delivery slip, if applicable. Excepting a contrary agreement, the Supplier is free to choose the shipper. The Customer is required to check for Product conformity when the order is delivered. The shipping company must be notified of any anomaly concerning the delivery such as:
- damaged parcel,
- missing products,
- damaged products,
article 8. returns
No returns shall be accepted without the prior consent of the Supplier. To obtain this consent, the Customer should exclusively contact the Supplier at the following address: email@example.com. The following details will usually be required: precise contact details, product description(s), reasons for returning the item(s), invoice or delivery slip number for the items described. After acceptance, the Supplier will send the Customer a return slip including a number. The return slip must be printed and inserted inside the parcel and the allocated number must be clearly visible on the parcel to ensure it is easily identifiable when delivered to www. lyon-beton .com. The products must also be returned with a copy of the invoice. The Customer shall exclusively bear the shipping costs. Once the Supplier has recorded the non-conformity it will either offer to:
- replace the Product(s),
- refund the price of the order (price of the Product(s) and delivery costs) as well as the costs of returning the non-compliant Product(s), with the exception of any VAT or customs duties paid by the Customer for the return delivery which shall remain at his/her expense. The amounts shall be refunded no later than thirty days as from the date on which the non-conformity confirmation notice was sent by the customer service department.
article 9. guarantees
The Products sold on the Site comply with current French legislation and have performances compatible with non-professional uses. The Supplier shall not be held liable in the event of non-compliance with the legislation of the country where the Product is delivered. It is up to the Customer to check with the local authorities the possibilities of importing or using the Products before placing any order. The Customer must inform the Supplier, in writing, at firstname.lastname@example.org, of the nonconformity of the Products within a maximum period of thirty (30) days from the delivery of the Products or of the existence of hidden defects within the time limits set forth below. In accordance with the provisions of the legal guarantees of conformity and latent defects, in either of these cases, when the nonconformity or latent defect has been observed, the Supplier shall offer the Customer either : to replace the Product(s), reimbursement of the order price (price of the Product(s) and delivery costs) as well as the cost of returning the non-compliant Product(s), with the exception of any taxes and customs duties paid by the Customer upon delivery, which will remain at his expense. The sums will be reimbursed at the latest within thirty (30) days from the date of sending of the notification of the confirmation of the non-conformity by the customer service department. It is reminded that within the framework of the legal guarantee of conformity, the Customer : benefits from a period of two years as from the delivery of the good to act towards its salesman; may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-9 of the French Consumer Code; is exempt from having to provide proof of the existence of the lack of conformity of the goods during the six months following delivery of the Product. This period is extended to 24 months from March 18, 2016, except for second-hand goods. It is recalled that the Customer may decide to implement the warranty against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and that in this case, he may choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code. The Supplier shall not be liable in the following cases: non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to verify, in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, such as in the event of normal wear and tear of the Product, accident or force majeure. The Supplier’s warranty is, in any event, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
article 10. cooling off period/right of withdrawal
The Customer will have a period of fifteen (15) working days as from the delivery date of his/her order, to return the Product(s) ordered, without providing any reason or being subject to any penalty. According to Article L121-20-2 of the Consumer Code, any product personalised at the request of the Customer may not be cancelled, once ordered. For any product to be exchanged or refunded, the Customer must follow the procedure for returned goods. The Product(s) must be returned to the address which will be indicated on the return slip within 2 business days after receiving acceptance from www. lyon-beton .com to return the products, postmarked on or before that date. For any return related to the cooling off period, the above-mentioned procedure must be fully respected:
- The Customer must include the return slip with the parcel addressed to the Supplier. No return may be accepted without the return slip.
- The Products must be returned in their original packaging, with their label and any accessories, in perfect condition.
article 11. customs duties
Any product ordered on the Site and exported outside of mainland France by the Customer may potentially incur customs duties to be settled according to the legislation in force in the country concerned. The import duties must be paid by the Customer and www. lyon-beton .com cannot under any circumstances accept liability for these expenses. www. lyon-beton .com is not obliged to inform the Customer of the customs duties and taxes applicable and advises him/her to check with the state authorities in the country concerned.
article 12. personal data
The Supplier collects a certain amount of information necessary to process orders. The Customer’s personal information and data are required to manage the Orders and customer relations. This data is strictly confidential and will include an asterisk (*) when it is necessary for the Supplier to process the Customer’s order. Following any injunction of the state authorities or in order to defend its rights or those of its employees, its customers or any other person, the Supplier may communicate this data to authorised state authorities and bodies. The Supplier commits to take the utmost care in ensuring the safety of its files and protecting its computer system, in particular to prevent the Customer’s personal data being deformed, damaged or to prevent any unauthorised access by third parties. The Customer’s personal data is stored at WP SERVEUR SARL, French simplified joint stock company with a registered share capital of 10000€, whose registered office is located in 7 rue de la Cité Foulc 30000 Nîmes, registered under the number 808 840 474 (RCS NÎMES). VAT N° FR86808840474, represented by its legal officer Fabrice Ducarme. In accordance with the Loi ‘informatique et libertés’ [French data protection Act] of 6 January 1978, as amended by the act of 6 August 2004, and the GDPR of May 25th 2018, the Customer is entitled to access, change, rectify and delete any of his/her personal data. The site has been declared to the Commission Nationale de l’Informatique et des Libertés [French data protection authority] – CNIL under n° 1890151. The Customer may exercise this right by sending a letter or email, detailing his/her last name, first name, email and postal address, to the following address: SARL PEARLINK INTERNATIONAL, 590 Boulevard Albert Camus, 69400 Villefranche-sur-Saône, France, for the attention of Lise or by email at email@example.com.
article 13 . cookies
article 14 . limitation of liability
Making an order on the Site implies that the Customer shall be aware of and accept the procedures in force on the Internet network, especially those concerning technical performance, response time, connection, questions or data transfers, the risks due to outage, or computer viruses that circulate on the network, and in general any risk related to the use of the Internet. The Supplier may not be held liable for any direct or indirect damage resulting from any improper use or incident related to computer use, internet access, maintenance or malfunction of servers, telephone lines or any other technical connection; the Customer accepts full liability for connecting to the Site.
article 15 . force majeure
The Supplier may not be held liable for the full or partial failure to perform its obligations with respect to the order made by the Customer, if this non-performance was caused by a force majeure event as defined by case or statutory law. If such an event occurs, the Supplier will have three clear (3) days to inform the Customer, by email. After a period of one (1) month, and if the event that triggered the force majeure event persists, the order shall be cancelled and, if applicable, shall be subject to a direct refund to the credit card used to make the order, within a period of no later than 30 (thirty) days.
article 16 . applicable law
If any of the provisions of these Terms of Sale are found to be void, illegal or unenforceable by a court decision, the other provisions of the Terms of Sale shall remain in force. The Terms of Sale are performed and interpreted in accordance with French law. In the event of a dispute, the Customer should first contact the Supplier and find a way to resolve the issue amicably and in good faith. If the Parties fail to resolve their dispute, the ordinary Courts shall have sole jurisdiction.
article 17. force majeure
The Supplier shall not be held liable for the total or partial non-execution of its obligations under the order placed by the Customer, if this non-execution is caused by an event constituting a case of force majeure as defined by positive law. In such a case, the Supplier shall inform the Customer of the occurrence of such an event within 3 (three) clear days following its occurrence, by e-mail. After a period of 1 (one) month, and in the event that the event constituting a case of force majeure persists, the order will be cancelled and will, where applicable, be reimbursed directly to the credit card used to place the order within a maximum period of 30 (thirty) days.
article 18. independence of clauses
If any of the terms of these General Terms and Conditions of Sale should be found to be null and void, illegal or unenforceable by a court decision, the other provisions of the General Terms and Conditions of Sale shall remain in force.
article 19. applicable law - disputes - claims - mediation
The General Terms and Conditions of Sale are executed and interpreted in accordance with French law. In the event of disputes, the Customer should first contact the Supplier by sending an email to firstname.lastname@example.org and will seek, in good faith, to reach an amicable solution. The Customer is informed that he may in any event have recourse to conventional mediation for consumer disputes relating to an order placed with the Supplier. In accordance with the rules applicable to mediation, any consumer dispute must be entrusted in advance in writing to the Supplier (SARL PEARLINK INTERNATIONAL, 590 Boulevard Albert Camus, 69400 Villefranche-sur-Saône, France, for the attention of Lise). The Mediator who will be appointed by the Supplier may be contacted for any consumer dispute whose settlement has not been successful. Finally, in the absence of an amicable resolution of their dispute, the Courts of common law will have sole jurisdiction.
article 20. customs duties
Any product ordered on the Site and exported outside metropolitan France by the Customer may give rise to possible customs duties and taxes to be paid according to the legislation in force in the country concerned. Import taxes must be paid by the Customer and www. lyon-beton.com cannot be held liable under any circumstances. www. lyon-beton.com is not obliged to inform the Customer of the customs duties and taxes applicable and advises him/her to check with the authorities of the country concerned.