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Terms and conditions
All Products offered on the Site are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order and to discontinue offering certain Products without prior notice.
In the event that a Product is listed at the incorrect price due to a typographical error or error in pricing information from our suppliers, Lyon Béton shall have the right to refuse or cancel any orders placed for the Product listed at the incorrect price. Lyon Béton shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Lyon Béton shall issue refund your purchase in the amount of the incorrect price.
Sales tax and customs duties
Depending on where we ship your order, Lyon Béton may be required to charge sales tax. Lyon Béton will calculate and charge sales tax to your order in accordance with the applicable law.Any product ordered on the Site and exported outside of mainland France by the Customer may incur customs duties to be settled according to applicable federal and state law. Customer shall bear all costs of customs duties and Lyon Béton shall not under any circumstances accept liability for these costs.
Shipping and delivery
4.1 Delivery Costs. Prices for the Products do not include shipping and delivery costs, which will be borne by Customer. All goods are transported at Customer’s risk. In the case of damage to the products during shipping, Customer assumes responsibility for filing a claim with the carrier and shall do so in writing by registered mail, along with notice of receipt from the goods-carrier, within seventy-two hours (3 days) of receiving the products.4.2 Shipment Methods and Delivery Times. In the United States, we will ship your order using one of two methods, depending on the size of the Product(s). For small packages, we use UPS Ground shipping, and for larger packages that qualify as less than truckload (LTL) freight, we will choose one of our preferred shipping agents. Lyon Béton reserves the right to use the shipping agent of its choice for any Products sold through the Site. (The estimated arrival or delivery date is not a guaranteed delivery date for your order. Items may be delivered in separate packages and/or arrive on separate dates. Delivery dates are indicated as accurately as possible, but are subject to variations due to availability and transportation methods. Late deliveries do not render Lyon Béton accountable for the payment of damages, nor permit the cancellation in whole or in part of pending orders. Refused deliveries will be returned to our warehouse. It may take up to forty five (45) days for the refused items to be identified as refused and processed.
Receipt of goods
6.1 Proof of Purchase. Before initiating the return of any Products, Customer must contact Lyon Béton by email at email@example.com. Customer must also provide proof of purchase before Lyon Béton will issue an appropriate exchange, credit, or refund, as well as any taxes due to be refunded in accordance with applicable state law. Refunds will be issued in the original form of tender. All returns shall be subject to the procedures and timeframes set forth in this Section 6.6.2 Return Slip. For your convenience, Lyon Béton will send Customer a return slip including a return number (the “Return Slip”). Customer must print, fill out, and insert the Return Slip inside the package, and clearly indicate the return number on the package to ensure it is easily identifiable when delivered to Lyon Béton. No return shall be accepted without the Return Slip. Lyon Béton shall have the exclusive right to choose the shipping agent for any returns.
6.3 Return of Nonconforming Products. For Customers who provide sufficient evidence of defect, error, or nonconformity, Lyon Béton will offer to:
replace the Product(s); or
refund the price of the order (price of the Product(s) and delivery costs, provided Customer uses the shipping agent chosen by Lyon Béton as required by Section 6.2 above) as well as the costs of returning the defective Product(s). The amounts shall be refunded no later than thirty days from the date on which Customer notified Lyon Béton’s customer service department of the defect, error, or nonconformity.
6.4 Return of All Other Products. For all Products not subject to Section 6.3 above, the Customer will have a period of fifteen (15) business days from the delivery date of his/her order to return the Product(s) ordered, unless the Product is identified as “Final Sale”. Items identified as Final Sale cannot be returned or exchanged. Lyon Béton will not accept returns for items returned more than fifteen (15) days after receipt. Shipping charges are not refundable, and Customer is responsible for the return shipping charges. The Products must be returned in their original packaging, with their label and any accessories, in unused, unaltered, and undamaged condition.
Please note that any custom designed Products are not returnable.
Warranties and disclaimers
As a consumer, you have certain legal rights. The disclaimers, exclusions, and limitations of liability under these Terms & Conditions will not apply to the extent prohibited by applicable law.As permitted by applicable law, the Site, and all content available on the Site, is provided “as-is” without warranties or conditions of any kind, either express or implied, including, without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
You use any Products at your own discretion and risk. You will be solely responsible for, and Lyon Béton disclaims, any and all loss, liability or damages resulting from your use or installation of a Product, or the use or installation of a Product by a third party, including damage or loss to your home and all other occupants, items, and pets in your home.
Limitation of liability
Nothing in these Terms & Conditions and in particular within this “Limitation of Liability” section shall attempt to exclude or limit liability that cannot be excluded under applicable law.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, IN NO EVENT WILL (A) LYON BETON BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR INCIDENTAL DAMAGES, INCLUDING ANY DAMAGES FOR LOST DATA OR LOST PROFITS, ARISING FROM OR RELATING TO THE PRODUCTS, EVEN IF LYON BETON KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND (B) LYON BETON’S TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THE PRODUCTS, WHETHER IN CONTRACT OR TORT OR OTHERWISE, EXCEED THE FEES ACTUALLY PAID BY YOU TO LYON BETON OR LYON BETON’S AUTHORIZED RESELLER FOR THE PRODUCT AT ISSUE IN THE PRIOR SIX (6)MONTHS (IF ANY). THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. LYON BETON DISCLAIMS ALL LIABILITY OF ANY KIND OF LYON BETON’S LICENSORS AND SUPPLIERS.
Intellectual property rights
Governing law and juridiction