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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

Products

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

Les prix de vente des Produits proposés sur le Site sont indiqués en euros toutes taxes comprises, hors frais de livraison (TVA française en France et dans l’Union Européenne) ; Le montant de TVA est celui en vigueur au jour de la validation de la commande et tout changement du taux sera automatiquement répercuté sur le prix des Produits. En cas de vente en dehors de l’Union Européenne, les prix de vente sont HT ; le Client peut être soumis à des obligations et des taxes sur l’importation, qui sont perçues lorsque le ou les Produit(s) arrive(nt) à destination. Tout frais supplémentaire de dédouanement sera à la charge du Client; le Fournisseur n’a aucun contrôle sur ces frais. Les politiques douanières varient fortement d’un pays à l’autre, le Client doit donc contacter le service local des douanes pour plus d’informations. Le Fournisseur se réserve le droit de modifier les prix à tout moment mais il s’engage à appliquer les tarifs indiqués sur le Site au moment de la commande du Client. Les prix figurant sur la commande après sa validation et son enregistrement sont fermes et définitifs. Les prix ne prennent pas en considération les frais de livraison du ou des Produit(s) chez le Client qui seront indiqués et facturés en complément lors de la validation de la commande. Les frais de livraison sont communiqués au Client sur le récapitulatif de la commande avant la validation de cette dernière et sont exprimés toutes taxes comprises. Ces frais sont à la charge du Client et sont facturés en supplément du prix de vente des Produits.

Article 5

Ordering and paying for the products

The Site’s customer service department is available to answer any questions relating to the order. The Customer service department is available by phone on 33 (0)4 74 07 97 91 or by email: bonjour@lyon-beton.com from Monday to Friday, from 10 am to 12 noon and 2 to 5 pm.

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

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: bonjour@lyon-beton.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 bonjour@lyon-beton.com, 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.
The Customer shall exclusively bear the shipping costs. Subject to the conditions mentioned above, the Supplier shall refund the amount inclusive of VAT of the Customer’s order, excluding the return shipping costs. The Customer’s bank account shall be credited for this amount within thirty (30) days from the date the Products were received by the Supplier.

Article 11

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 Céline or by email at gdpr@lyon-beton.com.

Article 12

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 13

Intellectual properties

The content of the Site is the property of the Supplier and its partners and is protected by French and international laws relating to intellectual property.Any total or partial reproduction of this content is strictly forbidden and is likely to constitute an infringement of copyright.

In addition, the Supplier remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer). The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the Supplier’s express, written and prior authorization, which may be conditional on a financial consideration.

Article 14

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 15

Cookies

In order to process the Customer’s order, the Site uses cookies. A cookie is a computer file, stored on the hard disk of the Customer’s computer, which is used to record each visit of the Site. The cookies record the time spent on the Site by the Customer, his/her identity (through the email address and the password) and the content of the customer shopping cart. Once the Customer disconnects from the Site, this data is stored for thirty (30) days before being permanently deleted. The Customer may prevent cookies being saved on the computer by configuring his/her web browser. In doing so, he/she will loose any personalised service offered on the Site.

Article 16

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 17

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 bonjour@lyon-beton.com 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 18

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.