ARTICLE 1: Scope of application
These General Terms and Conditions of Sale (hereinafter referred to as the "Terms and Conditions" or "GTC") apply, without restriction or reservation, to all sales concluded by LEBRONZE ALLOYS (hereinafter referred to as the "Seller") with non-professional buyers (hereinafter referred to as the "Buyer"), wishing to acquire the products offered for sale by the Seller via the catalog on its Website http://www.steriall.com/ (hereafter referred to as the "Website"), namely: door handles, push plates, handrails, bars, accessories, made of copper alloy, and other similar products (hereafter referred to as the "Products").
These Terms and Conditions apply to the exclusion of all other conditions, in particular those applicable to sales through other distribution and marketing channels.
These Terms and Conditions are accessible at any time on the said Website and shall prevail, where applicable, over any other version or any other contradictory document.
The modifications of these Terms and Conditions are binding on the users of the Website as from the moment they are put online and cannot be applied to transactions concluded previously.
The validation of the order by the Buyer is tantamount to the unconditional acceptance of these Terms and Conditions.
The Seller's contact details are as follows:
LEBRONZE ALLOYS,
Simplified joint-stock company with a share capital of 12,472,176.30 EUR,
Registered address: Voie de Châlons, Route Départementale 977, 51600 Suippes, France,
STERIALL® Sales Department of : 49, rue de Montdidier, 60120 Breteuil, France,
Company registration: RCS Châlons-en-Champagne n° 572 196 129,
Intra-Community VAT N° FR 60 572 196 129
ARTICLE 2: Orders
2.1. Order placement
Product offers are subject to availability.
To place an order, it is up to the Buyer to communicate to the Seller by any means (e-mail, postal mail, fax, telephone, or by filling out the contact form on the Website) the following information:
- the Products and the quantities he or she wishes to order,
- the billing address,
- the delivery address.
The sale will only be considered final after the confirmation of acceptance of the order by the Seller by e-mail has been sent to the Buyer.
2.2 Order modification
Any changes to the order by the Buyer may only be taken into account by the Seller within the limits of its possibilities and provided that they are notified before the date scheduled for dispatch of the order. In the event that these modifications cannot be accepted by the Vendor, the sums paid by the Buyer will be returned to him within a maximum period of thirty (30) days from the notification of the impossibility of accepting the modifications requested by the Buyer (unless the Buyer prefers to benefit from a credit note).
ARTICLE 3 : Price
The Products are supplied at the current price as shown on the Website, at the time the order is registered by the Seller. The prices are stated in Euros, exclusive of tax and including all taxes.
These prices do not include processing and delivery charges, which are invoiced in addition.
An invoice is established by the Seller and given to the Buyer upon delivery of the Products ordered.
ARTICLE 4: Payment terms
This is a purchase order with an obligation to pay, which means that the order placement implies the payment of the Products by the Buyer.
The price is payable in full on the day the order is placed by the Buyer according to the following methods: by bank transfer, or exceptionally by cheque.
The Seller shall not be obliged to deliver the Products ordered by the Buyer if the Buyer does not pay the price in full under the conditions indicated herein
ARTICLE 5: Delivery
5.1. Delivery terms
The Products acquired by the Buyer will be delivered from Metropolitan France within a maximum period of six (6) working days to the delivery address indicated by the Buyer when ordering on the Website. Except in special cases or unavailability of one or more Products, the Products ordered will be delivered in a single delivery. Deliveries are made by Colissimo or by an independent carrier.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Buyer within the time limits specified above. However, if the Products ordered have not been delivered within thirty (30) days after the indicative delivery date, for any reason other than force majeure, the sale may be cancelled at the written request of the Buyer or the Seller. The sums paid by the Buyer will then be returned without delay, to the exclusion of any compensation or deduction.
5.2. Delivery charges
Delivery charges are provided when the order is registered by the Seller.
The Products presented in the online catalogue of the Website are offered for sale throughout Europe. Consequently, any order placed on the Website and delivered outside of France may be subject to possible taxes and customs duties which are imposed when the parcel reaches its destination. These customs duties and possible taxes related to the delivery of a Product are borne by the Buyer. The Seller is not required to verify or inform the Buyer of the applicable customs duties and taxes. To know them, the Buyer is invited to check with the competent authorities of his country.
The Buyer shall check the condition of the Products delivered. He or she has a three (3) days period from delivery to form in writing (by post or e-mail) any reservations with the carrier and the Seller. After this period and failing to comply with these formalities, the Products shall be deemed to have been accepted by the Buyer and no claim related to the delivery may be validly accepted by the Seller.
ARTICLE 6: Property and risks transfer
The transfer of ownership of the Seller's Products to the Buyer shall only be realized after full payment of the price by the Buyer, regardless of the delivery date of the said Products.
Any risk of loss of or damage to the Products is transferred to the Buyer at the time when the Buyer or a third party designated by the Buyer, other than the carrier proposed by the Seller, takes physical possession of the Products (Article L.216-4 of the French Consumer Code).
ARTICLE 7: Right of withdrawal
In accordance with the provisions of Articles L. 221-18 et seq. of the French Consumer Code,
the Buyer has a withdrawal deadline of fourteen (14) calendar days from the day following receipt of the Products to return them to the Seller for exchange or reimbursement. The Products must be returned in their original packaging and in perfect condition within fourteen (14) days of sending the withdrawal. Damaged, soiled or incomplete items will not be taken back.
To do so, the Buyer must send his or her withdrawal request in writing (by postal mail or e-mail) according to the model annexed to these Terms and Conditions.
The costs of return will be borne by the Buyer.
The exchange (subject to availability) or refund will be made within fourteen (14) days after receipt of the Buyer's withdrawal notice, provided that the Seller has received the returned Products.
ARTICLE 8 : Liability of the Seller - Guarantees
The Products supplied by the Seller benefit, in accordance with the legal provisions, from the following guarantees:
- the legal guarantee of conformity (Articles L. 211-4 et seq. of the French Consumer Code) (Cf. Article 8.1. below), and,
- the legal warranty against hidden defects resulting from a defect in material, design or manufacture affecting the delivered Products, and rendering them unfit for use (Articles 1641 et seq. of the French Civil Code) (Cf. Article 8.2. below).
- La garantie légale de conformité (articles L. 211-4 et suivants du Code de la consommation) (Cf. Article 8.1. ci-après), et,
- La garantie légale contre les vices cachés provenant d'un défaut de matière, de conception ou de fabrication affectant les Produits livrés et les rendant impropres à l'utilisation (articles 1641 et suivants du Code civil) (Cf. Article 8.2. ci-après).
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8.2. Warranty against hidden defects The Seller is bound by the warranty for hidden defects of the Product sold which render it unfit for the use for which it is intended, or which diminish this use so much that the Buyer would not have acquired it, or would have paid a lower price for it, if he had known about them. The action resulting from latent defects is time-barred after twenty-four (24) months from the discovery of the defect. This guarantee allows the Buyer, who can prove the existence of a latent defect, to choose between a refund of the price of the Product if it is returned, or a reduction in its price if the Product is not returned. |
8.3. Exclusion of guarantee or liability
Any guarantee is excluded in the event of misuse, incorrect installation, negligence or Maintenance lack on the part of the Buyer, as well as in the event of normal wear and tear of the Products, accident or force majeure. The Buyer is solely responsible for the choice of Products, their conservation and use.
The Products sold on the Website comply with the regulations in force in France. The Seller shall not be held liable in the event of non-compliance with the legislation of the country in which the Products are delivered, which it is up to the Buyer to check.
The photographs and illustrations accompanying the Products on the Website have no contractual value and therefore cannot engage the liability of the Seller.
ARTICLE 9: Privacy
The Buyer is informed that the data collected by LEBRONZE ALLOYS (Data Controller) concerning the Buyer, under the purchase order, are subject to computer processing to ensure the execution of orders placed on the Website and to manage the relationship with the Buyer.
This data processing is necessary for the execution of pre-contractual measures taken at the request of the Buyer, and for the execution of the contract concluded between the Data Controller and the Buyer. It is based on article 6, § 1, b) of the Regulation (EU) 2016/679 of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“GDPR”).
The personal data collected are: surname, first name, e-mail address, billing postal address, delivery postal address, payment terms, payment information. The collection of these data is mandatory to place an order.
The recipients of the data are the staff of LEBRONZE ALLOYS, including its sales and accounting departments. No transfer of data outside the European Union takes place.
The data is stored for the duration necessary to perform purchase orders, plus five (5) years, unless otherwise specifically provided by law.
In accordance with the French Law n°78-17 of 6th January 1978 on Data Protection and Freedom of Information, known as the Data Protection Act (as amended by Law n°2018-493 of 20th June 2018 on personal data protection (1) and by any subsequent laws), and the GDPR, the Buyer benefits from a right of access, rectification, erasure, withdrawal of consent at any time, portability, limitation of processing and deletion of data concerning them.
These rights can be exercised by writing to the following address:
LEBRONZE ALLOYS
Service RGPD
68, rue Pierre Charron
75008 PARIS - FRANCE
Or by e-mail at rgpd@lebronze-alloys.com.
If the Buyer considers, after contacting the RGPD Department of LEBRONZE ALLOYS, that his rights on his personal data are not respected, he or she can address a complaint to the CNIL on the following link: https://www.cnil.fr/fr/webform/adresser-une-plainte
ARTICLE 10: Intellectual Property
The content of the Website, and the STERIALL® and RAMBOUILLET® brands are the property of the Seller and are protected by French and international laws relating to intellectual property.
Any reproduction, total or partial, of this content or these brands is strictly prohibited and is likely to constitute an offence of counterfeiting.
In addition, the Seller shall remain the owner of all intellectual property rights on studies, designs, models, prototypes, etc., carried out (even at the Buyer's request) for the purpose of supplying the Products to the Buyer. The Buyer therefore refrains from reproducing or exploiting said studies, designs, models and prototypes, etc., without the express, written and prior authorization of the Seller, which may make it conditional on financial compensation.
ARTICLE 11: Language
The text of these Terms and Conditions is written in French. In the event that it is translated into one or more languages, only the French text shall be deemed authentic in the event of a dispute.
ARTICLE 12: Applicable law
By express agreement between the Parties, these Terms and Conditions are governed and subject to French law.
ARTICLE 13: Disputes
In accordance with Article L. 612-1 of the Consumer Code, the Buyer has the possibility to resort, free of charge (except for possible legal and expert fees), to a mediation mechanism with a view to the amicable resolution of any dispute.
The Buyer shall, prior to any mediation, submit a written complaint directly to the Seller at the following postal or e-mail addresses:
LEBRONZE ALLOYS
Service commercial STERIALL
49, rue de Montdidier, 60120 BRETEUIL, FRANCE
contact@steriall.com
Tel : + 33 (0)3 26 69 97 19
The request for mediation shall be submitted within one (1) year as from the date of this written complaint, failing which it shall be inadmissible. It is proposed to resort to the following mediator :
MEDICYS
73, boulevard de Clichy, 75009 PARIS, FRANCE
https://www.medicys-consommation.fr/
Mediation is not mandatory. The Buyer and the Seller are free to accept or refuse the solution proposed by the mediator.
WITHDRAWAL FORM
To the attention of:
LEBRONZE ALLOYS,
Service commercial STERIALL
49, rue de Montdidier, 60120 BRETEUIL, FRANCE
contact@steriall.com
Tel : + 33 (0)3 26 69 97 19
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of the Products (*)/for the provision of services (*) below:
- Ordered on (*)/received on (*) :
- Name of Buyer(s) :
- Address of the Buyer(s) :
Signature of the Buyer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.