GENERAL CONDITIONS OF USE AND SALE FOR THE WWW.PYRENEX.COM WEBSITE
The site www.pyrenex.com is published by the company PYRENEX,
a simplified joint-stock company with a capital of 3,864,920 euros.
Registered office: 75 rue de Papin Zone Industrielle de Péré – 40500 Saint-Sever (France)
Registered under the French company number 302 306 626 (Companies Register, Mont-de-Marsan)
French VAT number: FR 302 306 626
Tel: + 33 (0) 5 58 76 03 40
Publication director: Eric Bacheré
www.pyrenex.com is hosted by: ONLINE, simplified joint-stock company with a capital of 214,410,50 euros, registered office: 8 rue de la Ville l'Evêque - 75008 Paris (France) - Tel: +33 (0) 1 84 13 00 00
www.pyrenex.com website creation date: (1st April,1999)
Last update: August 2018
These General Conditions of Use and Sale (the "Terms and Conditions") is a binding agreement between PYRENEX ("PYRENEX" or "we" or “our”) and any physical person of legal age, being a non-trader and with the legal capacity to contract, exclusively domiciled in the countries served by PYRENEX (the "Customer" or "you") who wishes to make a purchase on the website www.pyrenex.com (the "Site")
In order for the Terms and Conditions to apply, it is agreed that the Customer and PYRENEX will be collectively referred to as the "Parties" and individually referred to as the "Party".
The sale of our products on the Site is exclusively reserved for retail sales to individuals. The Site can not be used, under any circumstances, by professional sellers, whether alone or grouped, whatever marketing method applies to their products (notably Internet market places, shopping centres, intermediaries, physical shops). You acknowledge and agree that our products may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of products ordered in a single order and the number of individual orders placed on the Site. PYRENEX reserves the right to refuse an order that has clearly been placed by a professional seller.
ARTICLE 1 SUBJECT - ENFORCEABILITY
1.1 The Terms and Conditions are intended to set out the rules for the use of the Site and to govern the sale of our products on the Site.
Thus, you agree, during each of your visits to the Site, to respect the Terms and Conditions that apply to all products and services available on the Site, whether they are provided for free or sold.
Consequently, you accept all the Terms and Conditions before making any purchase, before consulting any information and / or before freely using the Site.
1.2 PYRENEX reserves the right to modify the Terms and Conditions at any time and to adapt them according to any changes on the Site and / or French legislation. Any new Terms and Conditions are applicable as soon as they are published on the Website.
You are therefore advised to regularly refer to the latest version of the Terms and Conditions that are permanently available on the Site and to cease all use of the Site in the case of disagreement with the Terms and Conditions in force.
However, the applicable Terms and Conditions are those that are in force on the date that the Customer places an order.
1.3 Any conditions that are contrary to the Terms and Conditions and which are requested by the Customer, but are not accepted by PYRENEX, are unenforceable.
1.4 The fact that PYRENEX or the Customer does not avail itself at any given moment to any of the provisions of the Terms and Conditions cannot be interpreted as a waiver to claiming any of the said conditions later on by PYRENEX or the Customer, in order to later take advantage of any said clauses.
ARTICLE 2 access to and use of the website
2.1 The equipment (computers, telephones, software, means of telecommunication...) allowing access to the Site are your exclusive responsibility, as well as the telecommunication costs incurred by their use.
2.2 You agree not to infringe the rights of PYRENEX and you agree to:
- use and / or download the information on the Site on your equipment for exclusively personal, non-commercial and time-limited use;
- print information downloaded on paper only on the condition that the copies thus made are used exclusively for personal use, which excludes in particular any reproduction for professional or commercial purposes whether free or paying;
- not copy and / or reproduce all or part of the Site, in particular on another site, another application or an internal corporate network;
- not reproduce, reuse, summarise, alter, modify, move, extract, replace, store, repost, represent or retain, directly or indirectly, on any medium, by any means and in any form whatsoever, all or part of the information and / or reproductions (illustrations, photos...) appearing on the Site and / or the name, logo(s) and trademarks of PYRENEX or any third party;
- set up control systems adapted to technical developments to prevent any "piracy" of the Site and in particular to prevent the unlawful or contrary use of the Terms and Conditions of all or part of the information and reproductions that appear on the Site in any way and in any form whatsoever;
- inform PYRENEX as soon as you become aware of a "piracy" issue and in particular any illegal or non-contractual use of all or part of the Site, regardless of the method of dissemination used.
2.3 You must not use any device, software or program that may interfere with or attempt to interfere with the proper functioning of the Site.
More generally, you agree, every time you use the Site, to behave in a reasonable manner and to not hinder, in any way, its functioning.
You specifically agree to:
- not disrupt, slow down, block or alter the normal flow of data exchanged in connection with the use of the Site;
- not accelerate the Site contents' scroll rate in such a way that its functioning is modified or altered;
- not to commit any other action that may have a disruptive effect on the functionalities of the Site;
- not to fraudulently access, maintain, hinder or disrupt the access systems of the Site.
Article 3: PRODUCTS
3.1 Product offers and their prices are valid, unless a particular duration is mentioned, for as long as they are visible on our Site, and subject to the availability of stock.
In the exceptional event of that one or more products are unavailable after you have placed your order, you will be immediately notified by email. You may then choose a replacement (notably an identical product but in a different colour) or ask to be refunded for any sums that you have paid. In the latter case, your refund will be made no later than 14 days after the send date of an email from PYRENEX notifying you of the unavailability of the product(s).
3.2 Each product will be the subject of a descriptive notice which, in addition to its photograph, will mention with the greatest possible accuracy: its price, the available sizes and colours, its composition, as well as its other essential characteristics.
The presentation photographs of the products featured on the Site are provided for illustrative purposes only.
In case of doubt or if any additional information is required, the Customer may contact the Customer Service department whose contact details appear in Article 8.
3.3 PYRENEX is committed to delivering products that comply with all applicable European and French regulations, including regulatory chemical and health and safety standards.
ARTICLE 4 PRICES
4.1 The prices of products featured on the website are stated in euros (€).
For France and countries in the European Union, all prices indicated include French VAT (TVA), the applied VAT being calculated on the day an order is placed.
For all products shipped outside the European Union, to Guadeloupe, Martinique, Guyana and The Reunion Islands, prices stated on invoice are automatically calculated exclusive of French VAT. Customs duties, other local taxes and / or import duties may be payable. These rights and sums are not the responsibility of PYRENEX. They will be the sole responsibility of the Customer and are the Customer’s sole responsibility, both in terms of declarations and payments to the competent authorities / bodies of the Customer's country. The Client is advised to inquire about these charges with the respective local authorities.
4.2 The prices of our products are exclusive of delivery/shipping costs. Delivery costs will be clearly noted on the order before its validation by the Customer. These costs are the responsibility of the Customer and are charged in addition to the sales price of the products ordered.
The amount of delivery costs depends on the geographical location of the delivery address and the delivery method chosen by the Customer. You will find full details on shipping costs by clicking on the link at the bottom of the page in the 'Delivery Cost' section.
4.3 Product prices are the ones in force on the day the order is placed. In the event of a price promotion, we undertake to apply the said promotional price to any order placed during the promotional period.
We reserve the right to change the price of our products at any time. However, the products will be invoiced on the basis of the prices in force on the day that the Customer places an order.
In the event of the display of an incorrect price which is ridiculously low when compared to the full sale price of a product, regardless of the reason (IT bug, manual error, technical error, etc.), the sale will be deemed null and void and we will inform you of this in the shortest possible delay. You will then be able, if you wish, to reorder the item(s) for the corrected and exact price.
ARTICLE 5 ORDERS
5.1 Countries to which our products are delivered
To date, PYRENEX processes orders placed worldwide except for the following countries to which we do not ship our products: Afghanistan, Angola, Anguilla, Armenia, Azerbaijan, Bangladesh, Benin, Bhutan, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Comoros, Congo, Congo DRC, Korea North, Ivory Coast, Djibouti, Eritrea, Gabon, Gambia, Georgia, Ghana, Guam, Guinea, Equatorial Guinea, Guinea-Bissau, Haiti, Mauritius, Iraq, Japan, Kazakhstan, Kenya, Kyrgyzstan, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mayotte, Mongolia, Mozambique, Namibia, Niger, Nigeria, Uganda, Uzbekistan, Pakistan, Rwanda, Sao Tome, Senegal, Sierra Leone, Sudan, Syria, Tajikistan, Tanzania, Chad, East Timor, Turkmenistan, Yemen, Zambia, Zimbabwe.
5.2 Creating an account and how to close it
5.2.1 In order to place an order on the Site, the creation of a customer account is obligatory.
To do this, you must complete an online registration form, including obligatory information (marked with an asterisk) to allow processing and execution of your order and to obtain access to certain items and / or services on the Site. Failing to communicate this obligatory information will mean that an account cannot be created and you will not be able to place an order on the Site.
When creating your account, you agree to provide true, accurate and complete information and to keep this information up to date.
In the event that you provide false, inaccurate, outdated or incomplete information, PYRENEX will be entitled to refuse your orders.
You are also responsible for all financial consequences resulting from your use of the Site as well as on behalf of third parties including minors, except to demonstrate fraudulent use resulting from no fault or negligence on your part.
Creating an account requires a valid email address.
5.2.2 When creating your account,you are required to choose access codes (an email address and password) that should be personal to you. Your access codes will allow you to log in and access your account at any time and allow you to place orders.
It is your responsibility to protect the confidentiality of your account and your access codes. Unless proved otherwise, any connection to the Site or transmission of data made using your access codes will be deemed to have been made by you.
Accordingly, you agree to keep your access codes secret and to not disclsose them in any form whatsoever to third parties. In this respect, you have the option to sign out/disconnect after each session.
In the event of loss, theft, accidental disclosure or forgetting of your access codes, you can generate new ones directly on the Site.
5.2.3 Your account allows you, besides placing an order on the Site, to organise returns, to consult the purchase history of goods you have bought via the Site, consulte your invoices and order confirmations and to download them as a pdf file from your account dashboard.
5.2.4 Each Customer is free to close their account on the Site once each purchase is completed. In order to do so, you must send an email to Customer Service whose contact details are under Article 8 and clearly indicate that you would like your account to be closed.
PYRENEX reserves the right to close the account of any Client who has contravened these Terms and Conditions or any account that has been inactive for at least 3 years. The aforementioned deletion shall not constitute damages to the excluded member, who shall have no right to claim any consequential compensation. An account closure does not exclude the possibility of the Publisher taking legal action against the Customer if the circumstances are justified.
Whatever the reason for the closure of a Customer's account, the Customer will be notified of the account closure by e-mail or by letter. The Customer will no longer be able to place an order on the Site as of the effective account closure date.
5.3 Orders and purchases made on the Site
To place an order on the Site, you must identify yourself with the access codes (email address and password) chosen during the creation of your account, in accordance with the provisions of article 5.2.2.
Contractual information and the Terms and Conditions are presented on the Site in English and French but only their French version is legally valid between the Parties.
The different steps involved when ordering on the Site are as follows:
- Choice of products and adding them to your basket after selecting the desired size, colour and quantity,
- Summary of the products ordered and validation of the order,
- Choice of delivery method according to the indicated delivery costs,
- Validation of the order with the total price of the order (the total price of the products and delivery costs are clearly distinguised) - if the Customer has a promotional code you will need to enter it into the relevant box in order to be able to benefit from the promotion,
- Confirmation of the billing and delivery address(es),
- Choice of payment method (by debit/credit card or via a PayPal account) - Validation of payment,
- After validation, you will receive a confirmation email that confirms receipt of both the order and its payment.
Before validating each step of the order and until payment of the order, the Customer can review the order details, the choice of delivery method and payment, the total price and return to the previous pages to correct errors or modify the order.
In the event of non-validation of the order by the Customer, the contents of the basket will remain accessible for a period of 20 days so that it may be validated at a later date.
5.4 The order becomes definitive only when it has been confirmed by PYRENEX via an email confirming the order (summary of all the products ordered, billing and delivery addresses, the price paid, the date of delivery and the Terms and Conditions) to the email address that the Customer has provided on the registration form mentioned in article 5.2.1.
5.5 PYRENEX reserves the right to cancel or refuse the order placed by the Customer in the case of one of the following legitimate grounds:
- failure to pay for the order,
- in the event of a dispute with the Customer relating to the payment of a previous order or for abnormal or abusive returns,
- if the quantities of products ordered are abnormally high for a non-commercial individual customer,
- the information necessary for the payment of the products and / or their delivery is incorrect or not verifiable,
- the Customer is under 18 years old.
- fraud suspicion: due to the multiplication of credit card frauds, Pyrenex reserves the right to either contact the customer at the telephone number indicated by the latter in the form filled in during the order, or to request a photocopy of the customer’s identity card and / or a proof of address, regardless of the order amount. In case of doubt about the identity of the holder of the card or the sponsor, the PYRENEX reserves the right to cancel the order within 7 days after its validation online. In this case, the payment of the order will not be effective and the amount will be credited back on the Customer's account.
5.6 Confirmation of electronic orders (which are a sales contract between the Parties) sent to Customers are archived by PYRENEX on a reliable and durable support system and are kept for a period of 10 years from the date of delivery of the products. You can request a copy by writing to Customer Service whose contact details appear in article 8 or consult them via your Customer account.
ARTICLE 6 — PAYMENT METHODS
6.1 The payment of the products ordered on the Site can be carried out:
- by debit/credit card (French bank card 'Carte Bleue', Visa, Eurocard / Mastercard / American Express) directly on the Site. The card will be debited as soon as soon as the order is validated, unless the Company's servers are unavailable. In this case, PYRENEX reserves the right to re-apply for a debit authorisation in the event that the first could not be completed due to the unavailability of the servers.
- via your Paypal account. If you choose to pay via Paypal, you will be automatically directed to your Paypal account. Once the Paypal payment has been validated, you will be able to complete your order on the Site.
6.2 Transactions made on the Site are secured by the payment system provided by our partner, CIC. All information exchanged in order to process the payment is encrypted using a TLS protocol. This data can not be detected, intercepted or used by third parties. At no time will your financial data pass through the PYRENEX computer system.
In the case of a fraudulent use of your means of payment, you must immediately contact Customer Service whose contact details appear in Article 8.
6.3 An invoice is automatically sent to the Customer by e-mail.
6.4 Finally, in case of delay or default of payment, PYRENEX may suspend all orders in progress until the situation is regularised, without prejudice to any other course of action.
Article 7 - DELIVERY
Before placing an order, the Customer must verify that PYRENEX delivers products to their country.
The products will be delivered to the delivery address or a UPS Access Point chosen by the Customer when placing an order on the Site.
You are therefore required to diligently complete all necessary information for successful completion of the delivery. As such, you are required to provide, for a home delivery, all the essential information for the delivery including the exact delivery address (access codes, floor number...) and your telephone number in case we need to contact you. In the absence of information that's necessary for the delivery, PYRENEX can not be held responsible for a non-delivery and declines any responsibility for the time it takes for the Customer to receive their products.
Once the order is validated and as long as the products are not dispatched, you can contact our Customer Service in order to change the delivery address. Once you have obtained the UPS tracking number for your order, you can log in to the "UPS My choice" section of your account to change the delivery address originally provided. Additional shipping charges may be applied. Finally, you can always change your default address for future orders by going to the "My Details" section of your account dashboard.
7.2 Delivery Times
7.2.1 PYRENEX will deliver orders accompanied by a delivery note within a maximum of:
- 3 days from sending the order in mainland France (this period will be reduced to 1 day if you choose the UPS Express Saver service),
- 5 days from sending the order for Corsica, DOM-TOM (French overseas departments and territories) and other countries to which we deliver,
Subject to the validation of your payment, any order placed on the Site from Monday to Friday before 10 am will be processed the same day; if placed after 10am, it will be treated the next day. However, any order placed after 10am on Friday or on a Saturday and Sunday will be processed the following Monday; orders placed on a public/Bank holiday will be processed the next working day.
The Customer will be given the delivery deadline for each product prior to placing an order and this will depend on the chosen delivery option and the geographical area in which the Customer is located. The delivery of the products is ensured by our UPS service provider.
7.2.2 If the products have not been delivered on the delivery date indicated, the Customer may ask PYRENEX to make the delivery within a reasonable additional time, by registered letter with acknowledgment of receipt (LRAR) or by sending an email to Customer Service whose contact details appear in Article 8.
In the event that PYRENEX does not deliver by the end of this second period, the Customer may terminate their order by registered letter with acknowledgment of receipt (LRAR) or by sending an email to Customer Service whose contact details appear in Article 8.
The order will be considered cancelled as soon as Customer Service receives the registered letter with acknowledgment of receipt or the email informing of them of the cancellation.
In the event that an order is cancelled, the Customer will be able to obtain a total refund of the paid sums (delivery costs included) within 14 days following the date of reception by PYRENEX of the registered letter with acknowledgment of receipt request or the email informing them of the cancellation.
In case of late delivery and if the products have already been shipped, the Customer may also cancel the order and request the refund of the products (returned complete, in their original condition and accompanied by the original invoice detailing the products) and return costs. Product refunds will be processed within 14 days following the reception by PYRENEX of the returned products.
In the case where the delay is attributable to you (incorrect delivery address or failure to collect the parcel within the 15 calendar days as per the conditions referred to in Article 7.2.4), the cost of returning the parcel will be your responsibility.
7.2.3 As soon asyour order is passed on to the carrier, PYRENEX will send you the parcel tracking number via email. You can track your order by clicking on this number, which will take you to the parcel tracking interface. Your parcel number is also available in the "My Orders" section of your account.
You will also receive an email confirming the delivery address that you provided.
7.2.4 In case of absence for an order delivered to a home address, a delivery notification slip will be provided detailing the UPS Access Point from where you will be able to collect your parcel. If you do not receive a delivery notification, we recommend you consult your account and check if your package has arrived at the UPS Access Point.Your parcel will be kept in the UPS Access Point for a period of 15 calendar days from the day after the delivery notification was left. At the end of this period, the package will be returned to the Company. The same will apply if the goods were delivered to a UPS Access Point chosen by you and you did not pick them up within the time limit, which is also 15 calendar days from the date of delivery, which will have been notified to you by email.
7.2.5 In any case, delivery within the deadline provided will only be honoured if the Customer is up to date payments due to PYRENEX. The products remain the property of PYRENEX until full payment of their stated price is received.
7.3 Receipt of the order - Claims
For delivery of the products by a provider chosen by PYRENEX, the products will travel at the risks of PYRENEX, except in particular cases.
However, PYRENEX strongly advises the Customer to check the condition of the packaging and the quantity of products delivered at the time of their receipt and to indicate any errors in the event of damage and / or missing products on the delivery note, a copy of which will be given to you.
If you notice upon delivery that the products and / or their packaging were damaged during transport, that items are missing or do not conform to your order you can refuse the delivery or, if you accept it, we strongly recommend you note any errors on the delivery note or, if not, on the invoice and immediately send an email to Customer Service whose contact details appear in Article 8.
In any case, Article 9, which details legal warranties, and Article 10, which details your right of withdrawal, will apply.
Article 8 Customer Service
PYRENEX's Customer Service is at the Customer's disposal for any questions relating to orders, payments and any transactional follow-ups.
Customer Service can be contacted by:
- telephone on +33 (0) 5 47 31 90 00 (non-surcharged number from a French landline), from Monday to Friday, from 9am to 12.30pm and 1.30pm to 5.30pm.
- email: firstname.lastname@example.org,
- by letter: PYRENEX - Service Client eshop – 75 rue Papin Zone Industrielle Péré– BP 20029 - 40501 Saint Sever cedex - France
Article 9 LEGAL GUARANTEES - RETURNS
Procedures for dealing with a non-compliant product (replacement or refund) purchased on the Site cannot be undertaken in PYRENEX shops. All claims on products purchased on the Site must be processed via the Site. Similarly, procedures for a product purchased in any PYRENEX shop cannot be undertaken via the Site.
9.1 Legal warranties
The seller guaranteeing product compliance on the Site is:
The company PYRENEX
A simplified joint-stock company with a capital of 3,864,920 euros
75 rue de Papin - Industrial Zone of Péré - 40501 Saint-Sever - FRANCE
PYRENEX is held liable for the lack of conformity of products sold under the conditions provided for in Articles L. 217-4 to L. 217-13 of the French Consumer Code and for any hidden defects of these products under the conditions referred to in Articles 1641 provided for in the French Civil Code.
PYRENEX is required to refund or exchange defective products or products that do not correspond to the Customer's order.
Legal warranties do not cover products modified and / or repaired by the Customer or those that have been misused by the Customer.
The regulations applicable to legal warranties are as detailed below:
Article L. 217-4 of the French Consumer Code
The seller must deliver goods in accordance with the contract and is liable for any lack of conformity found at the time of delivery.
The seller shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been charged to the seller by the contract or carried out under the seller's responsibility.
Article L. 217-5 of the French Consumer Code
The goods are in accordance with the contract:
1) If it is suitable for the purpose usually associated with such a product and, if applicable:
- if it corresponds to the description given by the seller and possesses the qualities that the seller has presented to the buyer in the form of a sample or a model;
- if it prosseses the qualities that a buyer might reasonably expect given the public statements made by the seller, the manufacturer or their representative, particularly with regards to advertising or labelling;
2) If they comply with the characteristics defined by mutual agreement by the Parties or be suitable for any particular purpose for which the buyer has made known to the seller and that the seller has accepted.
Article L. 217-12 of the French Consumer Code
Any action resulting from a lack of conformity shall lapse two years after the delivery of the goods.
Article 1641 of the French Civil Code
The seller must guarantee against hidden defects in the object sold which render it unfit for the use for which it was intended, or that reduce this use to the point that the buyer would not have purchased it, or would have paid a lower price, if they had known about their existence.
Article 1648 paragraph 1 of the French Civil Code
Any action resulting from latent defects must be brought by the purchaser within two years from discovery of the defect.
When invoking a legal guarantee of conformity, the Customer:
- has a period of two years from delivery of the property to act,
- can choose between repair or replacement of the goods, subject to the conditions of cost provided for in Article L. 217-9 of the French Consumer Code,
- is exempted from reporting the existence of the lack of conformity of the goods during the 24 months following their delivery. This period is limited to 6 months for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee that is eventually granted.
The Consumer may decide to implement the guarantee against hidden defects of the goods within the meaning of Article 1641 of the French Civil Code and can choose between the termination of the sale or a reduction in the sale price in accordance with Article 1644 of the French Civil Code.
9.2 Legal warranty implementation
For any non-conforming product returns, you must respect the following procedure:
- go to the "Order History and Details" section of your account, then click on the number of the order concerned, check the box by the product (s) to be returned, fill in the reason for the return and then validate this page. Once you have validated the page, you will receive a confirmation email. You will need to locate the nearest UPS Access Point by going to https://www.ups.com/fr/fr/services/individual-shipper/ups-access-point-deliveries.page inorder to deposit your parcel that should be labelled with the UPS label provided when your goods were delivered (if you have lost this label please contact Customer Service who will email you a prepaid UPS label).
- The products concerned must be returned in the state in which you received them with all the elements and accessories (including spare buttons, product labels etc.) in packaging that will ensure the good condition of the products during transport.
The products should be sent to the following address: Entrepôt PYRENEX, Retour eshop 267 route de Caloy - 40090 Saint-Perdon - France
No product can be refunded or exchanged before being sent to, received and verified by PYRENEX.
When the non-conformity has been confirmed by PYRENEX, you will be able to choose between:
- a new delivery that corresponds to your original order,
- the repair of the product or products concerned or their exchange for identical products or products of the same value,
- the cancellation of your order and the refund of all sums paid (price, shipping costs and possibly taxes and customs duties paid). This refund will be made no later than 14 days after the send date of the email confirming non-compliance by the Customer Service.
In any case, the shipping costs incurred for the return of the product or products concerned will be refunded.
The provisions in Article 9 do not prevent the Customer from benefiting from the right of withdrawal provided for in Article 10.
ARTICLE 10 RIGHT OF WITHDRAWAL - RETURN
10.1 Procedures for dealing with the right of withdrawal for products purchased on the Site cannot be undertaken in PYRENEX shops. It is imperative you follow the procedure provided for in Article 10.
10.2 You have a right of withdrawal of 30 calendar days from the date of receipt or withdrawal of your entire order (as in 16 additional days compared to the statutory withdrawal period of 14 days).
During this period, you can retract and return the products in whole or in part without cause or expense (with the exception of delivery costs incurred for the return of products if you choose a different mode of transport from the UPS Access Point, in which case the costs of return will remain your responsibility except in the case where the exercise of the right of retraction is due to a mistake on the part of PYRENEX in the preparation of the order or with respect to the implementation of the legal guarantee referred to in Article 9).
10.3 The right of withdrawal can be exercised as soon as the order is placed, even if the goods have not yet been delivered to the Customer.
10.4 Before returning any product, the Customer must first:
- either go to the "Order History and Details" section of their account, click on the number of the order concerned and then check the box next to the product(s) to be returned,
- or send an email or letter to Customer Service, whose contact details appear in Article 8, providing an unambiguous declaration or by using the withdrawal form template provided in Article 10.7 and noting the order concerned by this withdrawal.
Once PYRENEX has taken this withdrawal request into account (via a confirmation email immediately acknowledging its withdrawal), the Customer must return the product(s) concerned within 14 calendar days following the date of receipt of the email confirming that the request has been taken into account, by depositing the package labelled with the pre-paid UPS return label (provided with the initial package) at one of the UPS Access Points. If the Customer loses the UPS label, they may contact Customer Service whose contact details appear in Article 8 in order to obtain a new one.
If the Customer returns a product(s) by a mode of transport other than the UPS Access Point and if they pay for the subsequent cost of this return, then they may not ask for the postage/transport costs to be refunded by PYRENEX. In any case a returned product(s) should be returned to the following address: Entrepôt PYRENEX, Retour eshop 267 route de Caloy - 40090 Saint-Perdon - France
If the Customer wishes to return products from different orders, they must package each order separately before returning them. Any return of products from different orders that do not comply with this condition cannot be processed according to the deadlines provided for in the Terms and Conditions.
All returns must be made using the pre-provided UPS return label available on the Site or the withdrawal form template in article 10.7 or an unambiguous declaration of withdrawal detailing all of the products that the Customer believes to be unsatisfactory.
10.5 These products must be returned properly protected, in their original packaging (carefully opened packaging will not be considered as damaged packaging) and in a perfect state of resale (not broken or damaged, complete, unused and unsoiled by the customer).
The Company will not accept returned products that are incomplete, damaged, stained or soiled by the Customer or have been visibly used by the Customer. If the return is refused by PYRENEX, the products will then be returned to the Customer at the expense of PYRENEX without the Customer being able to demand any compensation or reimbursement, with the exception of the subsequent exercise of their rights according to product guarantees as provided for in Article 9.
10.6 Only the price of the returned products will be refunded as well as the initial delivery costs if the whole order is returned. If the order contains several products and the Customer only wants to return some of the items, the initial delivery costs will not be reimbursed.
This refund will be made as soon as possible and at the latest within 14 days from the date of receipt of the products returned by PYRENEX. The price of these products will be reimbursed according to the initial payment method used by the Customer at the time of purchase. No cash-on-delivery parcels will be accepted, whatever the reason.
10.7 WITHDRAWAL FORM TEMPLATE
A l’attention de PYRENEX
75 rue de Papin Zone Industrielle de Péré, ,40500 Saint-Sever, FRANCE
I / We (1) hereby notify you (1) of our (1) retraction of the contract for the sale of the following product (s) (1):
Ordered on ....................../ received on .................... (1)
Order Number: ...................................
Customer name(s): ..................................
Customer(s) address (s): ..............................
Customer(s) signature (only if this form is sent via hard copy)
(1) Delete as necessary
ARTICLE 11 PERSONAL DATA - cookies
The information collected during your visits to the Site, during the creation of your account and during the placing of your orders are digitally declared to CNIL, the French personal data protection agency.
Article 12 LIABILITY
12.1 PYRENEX is fully liable to the Customer for the proper execution of customer product orders placed on the Site.
However, PYRENEX will not have failed in its contractual obligations to the extent that their execution has been delayed, hindered or prevented by an act attributable to the Customer or resulting from the fault of the latter or the unpredictable and insurmountable actions of a third party. The same applies to any inconvenience or damage resulting Internet network problems in accordance with Article 12.3 or in the case of force majeure as defined in Article 13.
12.2 The products offered on the Site comply with the European and French regulations currently in force. PYRENEX does not give any guarantee of conformity of the products with regards to local legislation that applies to the Customer if they are accessing the Site from a country other than France.
Similarly, PYRENEX can not guarantee that the products ordered will meet all your expectations, but only that they will comply with the essential characteristics of the product as described on the Site.
12.3 PYRENEX undertakes, to the best of its ability, to ensure secure access, consultation and use of the Site in accordance with the rules of use of the Internet. However, we cannot guarantee that the Site will be free from anomalies, viruses, errors or bugs, or that they may be corrected, or that the Site will operate without interruption or failure, or that it will be compatible with particular computer hardware or special configurations.
The Site is accessible 24 hours a day, 7 days a week, except in case of force majeure or the occurrence of an event beyond the control of PYRENEX and subject to any breakdowns and maintenance operations necessary for the proper functioning of the Site.
Site maintenance may be undertaken without giving you prior notice.
You declare that you accept the characteristics and limitations of the Internet, and in particular its technical performance, the response time to consult, query or transfer data and the risks related to the security of communications.
In this respect, you acknowledge that:
- your use of the Site is at your own risk; the Site and its contents being accessible to you "as is" and according to its availability;
- you are responsible for any damage to your digital devices and / or any loss of data resulting from downloads or consultation of the Site;
- it is your responsibility to take all appropriate measures to protect your own data and / or software from contamination by possible viruses circulating on the Site;
- no advice or information, whether oral or written, obtained from PYRENEX or when using the Site will create guarantees not expressly provided for in the Terms and Conditions;
- you are solely responsible for the use you make of the Site;
- the communication of your access codes or generally of any information considered confidential is entirely your own responsibility;
- it is your responsibility to take all necessary measures to ensure that the technical characteristics of your equipment allow you to consult the Site.
ARTICLE 13: FORCE MAJEURE
Neither the Customer nor PYRENEX has failed in its contractual obligations insofar as their performance will be delayed, hindered or prevented by a case of force majeure as defined by Article 1218 of the French Civil Code.
In such a case, PYRENEX will inform the Customer by email of the occurrence of such an event within 3 working days of its occurrence.
After a period of 30 days and where the event constituting the case of force majeure persists, the order will be canceled and will be refunded within a maximum period of 14 days.
ARTICLE 14 INTELLECTUAL PROPERTYAND PRODUCT MARKETING
14.1 All trademarks, logos, other distinctive signs, visuals, photos, texts, comments, illustrations, drawings and images reproduced on the Site are the subject of copyright and intellectual property rights. Any total or partial reproduction of these elements and the Site is strictly prohibited without the prior written consent of PYRENEX.
14.2 The Customer agrees not to use the products, the content of the Site as well as all information brought to its attention in a manner likely to infringe the rights of PYRENEX and that their use is never an infringement or an act of unfair competition.
ARTICLE 15 LANGUAGES USED - APPLICABLE LAW - MEDIATION - Jurisdiction
15.1 THE GENERAL CONDITIONS have been DRAWN UP IN FRENCH, WHICH WILL BE CONSIDERED As the sole LEGAL language of the parties.
An English translation of the Terms and Conditions is available on the site for information purposes only. ONLY THE FRENCH VERSION OF THE TERMS AND CONDITIONS WILL PREVAIL BETWEEN THE PARTIES.
15.2 THE INTERPRETATION AND ENFORCEMENT OF THE TERMS AND CONDITIONS, AS WELL AS ALL ENSUING ACTS AND CONVENTIONS OR CONSEQUENCES, CLAIMS AND DISPUTES BETWEEN THE PARTIES, WILL BE SUBJECT TO FRENCH LAW REGARDLESS OF THE CUSTOMER'S NATIONALITY.
15.3 IN CASE OF LITIGATION, AN AMICAL SOLUTION WILL BE SOUGHT. IN THIS RESPECT, THE CUSTOMER SHOULD WRITE TO CUSTOMER SERVICE THE DETAILS FOR WHICH ARE IN ARTICLE 8 AND MUST INCLUDE THE CUSTOMER'S FULL NAME, POSTAL ADDRESS, EMAIL ADDRESS AND THE ORDER NUMBER.
15.4 IN ACCORDANCE WITH THE PROVISIONS OF THE FRENCH CONSUMER CODE REGARDING THE AMICAL SETTLEMENT OF DISPUTES, PYRENEX ADHERES TO THE FEVAD E-COMMERCE OMBUDSMAN (FEDERATION OF E-COMMERCE AND DISTANCE SELLING), THE CONTACT DETAILS FOR WHICH ARE: 60 RUE LA BOETIE - 75008 PARIS -
YOU MAY USE THIS MEDIATION SERVICE FREE OF CHARGE FOR CONSUMER DISPUTES RELATED TO A PYRENEX ORDER THAT WAS PLACED ONLINE. IN ACCORDANCE WITH THE RULES APPLICABLE TO MEDIATION, ANY CONSUMER DISPUTE MUST FIRST BE CONFIRMED IN WRITING TO OUR CUSTOMER SERVICE (PYRENEX – SERVICE CLIENT ESHOP – ZONE INDUSTRIELLE PERE – RUE PAPIN – BP 20029 – 40501 SAINT SEVER CEDEX – FRANCE)
ONCE THE CUSTOMER HAS INFORMED CUSTOMER SERVICE, THE MEDIATOR MAY BE CALLED UPON ON IN THE EVENT OF ANY CONSUMER DISPUTE WHICH THESE REGULATIONS HAVE NOT DISCLAIMED.
TO LEARN MORE ABOUT THE MEDIATION PROCESS, PLEASE GO TO: http://www.mediateurfevad.fr/index.php/espace-consommateur/
ONLINE DISPUTE PLATFORM: THE EUROPEAN COMMISSION HAS ESTABLISHED A PLATFORM FOR THE ONLINE SETTLEMENT OF DISPUTES, FACILITATING THE INDEPENDENT REGULATION EXTRAJUDICALLY OF ONLINE DISPUTES BETWEEN CONSUMERS AND PROFESSIONALS BASED IN THE EUROPEAN UNION.
THIS PLATFORM IS ACCESSIBLE BY GOING TO: https://ec.europa.eu/consumers/odr/
15.5 ANY DISPUTE WHICH MAY RESULT FROM THE INTERPRETATION AND THE EXECUTION OF THE TERMS AND CONDITIONS, AS WELL AS ALL ENSUING ACTS AND CONVENTIONS OR CONSEQUENCES, WILL BE SUBMITTED TO THE COMPETENT FRENCH JURISDICTIONAL AUTHORITY.
ARTICLE 16 CODE OF CONDUCT
PYRENEX declares to respect the Code of Conduct defined by FEVAD to which it adheres and which can be consulted on https://www.fevad.com/code-deontologique-du-e-commerce-et-de-la-vente-a-distance/.