Terms and Conditions of Sale
THIS IS A LEGAL AGREEMENT. BY PLACING AN ORDER FOR PRODUCTS, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS & CONDITIONS. YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ACCEPT AND AGREE TO THESE TERMS & CONDITIONS. YOU REPRESENT THAT YOU ARE OF SUFFICIENT LEGAL AGE IN YOUR JURISDICTION OR RESIDENCE TO PURCHASE AND USE PRODUCTS AND TO ENTER INTO THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE PROVISIONS OF THESE TERMS & CONDITIONS, YOU SHOULD NOT PURCHASE THE PRODUCTS.
We reserve the right to change these Terms & Conditions at any time, so please review the Terms & Conditions each time prior to making a purchase from the Site. Every time you order Products from Site, the Terms & Conditions in force at that time will apply between you and Lyon Béton. If you have any questions regarding these Terms & Conditions, please contact customer service: firstname.lastname@example.org.
The products available for sale are those which appear on the Site on the day that you complete your order. Each Product listing includes the price, a photograph, the size, the composition, and the specific characteristics of the Product.
The photographs and/or videos of the Products shown on the Site may not resemble the Products precisely, for example, due to slight variances in color or shape. Lyon Béton shall not be liable for any nonmaterial variance in a Product when compared to the photographs and/or videos of the Product displayed on the Site.
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.
By providing a credit card or other payment method accepted by Lyon Béton, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your order (including any applicable taxes and other charges). If the payment method you provide cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your order. In the event you want to change or update payment information associated with your order, you may contact customer service: email@example.com.
3. 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.
4. 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.
5. Receipt of Goods.
5.1 All complaints concerning Products that contain defects, errors or nonconformities visible upon reasonable examination (“Nonconforming Products”) must be sent in writing to Lyon Béton within three (3) days of the product’s arrival. Customer’s failure to give timely written notice shall constitute an irrevocable acceptance of products and an admission that they fully comply with all the Terms & Conditions.
5.2 In addition to providing the written notice of alleged defects, errors or nonconformities, it is the responsibility of the Customer to provide evidence, such as photographs, of the perceived defect, errors, or nonconformities within five (5) days of receipt, accompanied by the invoice number under which the Products were shipped. Upon receipt of the written notice of claim, Lyon Béton shall have the right to inspect the products and other evidence. The receipt by Lyon Béton of a written notice of claim within the time above specified shall be a condition precedent to the Customer’s right to reject, cancel, replace, or claim damages, or to bring any suit or proceeding.
6. Return Policy.
6.1 Proof of Purchase. Before initiating the return of any Products, Customer must contact Lyon Béton by email at firstname.lastname@example.org. 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.
7. 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.
8. 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.
Lyon Béton may provide notifications to you as required by law or for promotional or other purposes through email to the primary email address other contact information provided in connection with your order. Lyon Béton is not responsible for any automatic filtering you or your network provider may apply to email notifications. Lyon Béton recommends that you add us.lyon-beton.com to your email address book to help ensure you receive email notifications from Lyon Béton.
10. Force Majeure.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms & Conditions that is caused by an act or event beyond our reasonable control, including without limitation acts of God, fire, explosion, storm, flood, earthquake, epidemic or other natural disaster; strikes, lock-outs or other industrial action by third parties, civil commotion, riot, terrorist attack, war, embargo; or failure of public or private telecommunications networks or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
11. Intellectual Property Rights.
Lyon Béton will remain the sole and exclusive owner of all intellectual property rights in and to each Product made available on this Site and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights through the purchase of any Product.
If any part of these Terms & Conditions is illegal, invalid, unenforceable, or prohibited in any respect under any applicable law or regulation, such provision or part thereof will be deemed to not form part of the contract between us. The legality, validity, or enforceability of the remainder of these Terms & Conditions will remain in full force and effect.
Failure or delay by us to enforce any these Terms & Conditions will not constitute a waiver of our rights against you and does not affect our right to require future performance thereof.
14. Governing Law and Jurisdiction.
These Terms & Conditions are governed by the laws of the State of North Carolina, without giving effect to any conflict of laws principles that may provide the application of the law of another jurisdiction. You agree that any claim to interpret or enforce the provisions of these Terms & Conditions shall be brought exclusively within a court of competent jurisdiction, state or federal, in the State of North Carolina.
15. Entire Agreement.
16. Conflicting Provisions.
To the extent the provisions contained in these Terms & Conditions are inconsistent with those contained in any other document, instrument or agreement executed pursuant hereto, the provisions contained herein shall control. Otherwise, such provisions shall be considered cumulative.