TERMS OF SALE

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.

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

5.1 – Ordering

The Customer order process involves 5 steps.

Step 1: The Customer selects the product(s) and add them to his/her shopping cart.

Step 2: The Customer can check the contents of his/her shopping cart by clicking on “View Basket” in order to view the order summary. The order (Product, quantity) can be modified, if desired. The Customer must fill in the delivery location in order to see the delivery costs and options; for some destinations, the customer will be asked to process his/her order, and at the same time contact the Supplier’s customer service department to determine the delivery costs (by telephone on +33 (0)4 74 07 97 91 or by email : lise@lyon-beton.com).

Step 3: The Customer should then fill in his/her contact details as well as the delivery and billing address. Fields marked with an asterisk (*) are mandatory; unless otherwise specified by the Customer, the billing address shall automatically be the same as the delivery address.

The order amount inclusive of VAT, specifying both the price due for the Product(s) and the delivery costs, if they can be calculated, will then be shown in the summary.

Step 4: The Customer will then check all the information and click on “order” to continue the order process, after ticking the box ‘I have read and accept the Terms of Sale and terms of use for the site www.lyon-beton.com. By confirming the order, the Customer fully accepts these Terms of Sales without any possible recourse, except in the event of stock rupture or if a cooling off period is applicable.

Step 5: Entering Bank details

The Customer will then be redirected to the Site’s secure payment page.

Payment will take place online via a credit card or PayPal.

If the payment is accepted, the Customer will be redirected to an order confirmation page on the Site. If payment fails, the Customer will be redirected to a screen informing him/her that payment has failed. The Customer will then be invited to contact the Supplier’s customer service department (by telephone on +33 (0)4 74 07 97 91 or by email: lise@lyon-beton.com ) to understand what the problem is and try to find a solution so that the order can be finalised jointly.

5.2 – Order confirmation

As 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.

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: lise@lyon-beton.com from Monday to Friday, from 10 am to 12 noon and 2 to 5 pm.

5.3 – Payment

The 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 archiving

The 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 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,

within the statutory deadlines (no later than 3 days from delivery date). No claim may be made to the shipping company unless the Customer has issued any reservations.

The Customer must refuse the delivery if the goods are damaged, missing or if the parcel has been opened or repackaged (except by customs authorities).

If an anomaly is detected, the Customer must inform the Supplier on the same day or within one business day after receipt of the order by e-mail at lise@lyon-beton.com .

No claims made later than 3 days as of the delivery, excepting a hidden defect, shall be accepted, since the Products are then deemed to be compliant, in other words in good condition and delivered complete.

If a parcel is lost during shipping, the investigation period may vary depending on the shipping company and can take from one to four weeks.

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: lise@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. 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 10. 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 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 GANDI (GANDI SAS, Société par Actions Simplifiée [French simplified joint stock company] with a registered share capital of €300,000, whose registered office is located in 63-65 Boulevard Masséna in Paris (75013) FRANCE, registered under the number 423 093 459 RCS PARIS – VAT N° FR81423093459)

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, 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.

ARTICLE 12. 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 13. 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 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. 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.

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