Terms and Conditions of Sale

Preamble

The website is the property of BEYER S.A.S in its entirety, as are all rights pertaining to the site. Any reproduction, in whole or in part, is systematically subject to the owners' authorisation. However, hypertext links to the site are permitted without specific requests.

1. Acceptance of terms and conditions

The customer acknowledges having read, at the time of placing the order, the specific terms and conditions of sale set out on this screen and expressly declares that they accept them without reservation.

These general terms and conditions of sale govern the contractual relationship between BEYER S.A.S and its customer, both parties accepting them without reservation. These general terms and conditions of sale shall prevail over any other terms and conditions contained in any other document, unless expressly agreed otherwise in writing in advance.

2. Products

Photographs are for illustrative purposes only, as products are subject to change. The majority of products offered to customers by BEYER S.A.S are available in our warehouse.

The products we send you have a minimum shelf life of 12 months or more from the date of receipt of the goods.

3. Ordering

It is the Customer's responsibility to select the Products they wish to order on the website www.beyer-fr.com, in accordance with the following terms and conditions:

The customer selects a product and adds it to their basket. They may remove or modify this product before confirming their order and accepting these general terms and conditions of sale. They then enter their contact details or log in to their account and select the delivery method. Once the information has been confirmed, the order is considered final and payment is required in accordance with the pre-established terms and conditions.

Product offers are valid as long as they are visible on the website, while stocks last.

The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.

Any order placed on the website www.beyer-fr.com constitutes the formation of a distance contract between the Customer and the Seller.

The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute regarding payment for a previous order.

The Customer can track the progress of their order on the website.

3. Bis: Customer area - Account

In order to place an order, the Customer is invited to create an account (personal area).

To do so, they must register by completing the form provided at the time of ordering and undertake to provide truthful and accurate information concerning their personal details and contact information, in particular their email address.

The Customer is responsible for updating the information provided. They are informed that they can modify this information by logging into their account.

To access their personal space and order history, the Customer must log in using their username and password, which will be provided after registration and are strictly personal. As such, the Customer undertakes not to disclose them. Otherwise, they shall remain solely responsible for the use made of them.

The Customer may also request to unsubscribe by going to the dedicated page in their personal space or by sending an email to: contact@beyer-fr.com. This will take effect within a reasonable period of time.

In the event of non-compliance with the general terms and conditions of sale and/or use, the website www.beyer-fr.com shall have the option of suspending or even closing a customer's account after sending a formal notice by electronic means which has remained without effect.

Any deletion of an account, for whatever reason, shall result in the complete deletion of all the Customer's personal information.

The Seller shall not be held liable for any event due to force majeure resulting in the malfunctioning of the website or server, subject to any interruption or modification in the event of maintenance.

The creation of an account implies acceptance of these general terms and conditions of sale.

4. Delivery

After confirmation of the order, BEYER S.A.S undertakes to deliver all items ordered by the purchaser to its carrier within a maximum of 10 working days (*), provided that the items ordered are in stock. This carrier undertakes by contract with BEYER S.A.S to deliver the order to the buyer's address provided by BEYER S.A.S. In the case of cash on delivery transport, the customer undertakes to pay the carrier or its representative the full amount indicated at the time of order confirmation.

All orders placed with BEYER S.A.S are intended for the personal use of customers. Customers or recipients of the products are prohibited from reselling the products, either in part or in full. BEYER S.A.S disclaims all legal responsibility if the customer fails to pay the taxes.

For all orders weighing less than 30kg, delivery will be made by DPD in mainland France and in the other countries listed. For all orders weighing more than 30kg, delivery will be made by a courier company. Delivery will be made within the time slot agreed with the customer by handing the product directly to the specified recipient or, in the event of their absence, to another person authorised by the customer.

In the event of a delay in the delivery of the products ordered, BEYER S.A.S will endeavour to inform you. You can also notify us yourself of the delivery delay via our contact email. BEYER S.A.S undertakes to do everything necessary to determine the cause of the delay and find an appropriate solution with a view to the final delivery of the products ordered as soon as possible.

In the event that, after you have placed your order, a product becomes totally or partially unavailable, BEYER S.A.S will inform you by email, giving you the option of:

- either having a product equivalent to the one ordered delivered to you

- or being refunded the price of the product no later than 30 days after payment for the order.

In the event of apparent defects, the buyer has the right to return the product under the conditions set out in this document.

War, riots, fire, strikes, accidents and the inability to obtain supplies are considered cases of force majeure releasing the seller from its obligation to deliver. Always check your parcel on arrival so that you can make any necessary reservations on the delivery note. You also have 72 hours (excluding public holidays) to lodge any complaints with the carrier by registered letter.

For reasons of availability, an order may be delivered to the customer in several instalments. The customer will only pay for one delivery. If the customer wants two delivery locations, they must place two orders, with the associated delivery costs.

The Customer is required to check the condition of the products delivered. They have 48 hours from delivery to make any complaints by post or email, accompanied by all relevant supporting documents (including photos). After this period, and if these formalities have not been complied with, the Products will be deemed to be in good condition and free from any apparent defects, and no complaint will be validly accepted by the Seller.

The Seller shall refund or replace, as soon as possible and at its own expense, any Products delivered whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC.

The transfer of the risks of loss and damage relating thereto shall only take place when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk, except where the Customer has chosen the carrier himself. In this respect, the risks are transferred at the time of delivery of the goods to the carrier.

5. Cancellation

You have 14 days (from receipt of the items) to decide. In the event of an exchange or refund, please return the new item(s) in their original packaging, intact, to the following address:

BEYER S.A.S.

19 rue de l'écluse

68120

PFASTATT

If you exercise your right of withdrawal, BEYER S.A.S. is required to refund the sums paid by the customer, free of charge, with the exception of return costs. The refund is due within a maximum period of 15 days. Download the withdrawal form to be enclosed with the item(s) here.

6. Prices

The Products are supplied at the prices listed on the website www.beyer-fr.com at the time the order is registered by the Seller.

Prices are quoted in euros, excluding VAT and including VAT.

The prices take into account any discounts that may be granted by the Seller on the website www.beyer-fr.com.

These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify them at any time outside this period.

Prices do not include processing, shipping, transport and delivery costs, which are invoiced as extras, under the conditions indicated on the website and calculated prior to placing the order.

The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.

An invoice is drawn up by the Seller and given to the Customer upon delivery of the Products ordered. 

Shipping costs

You can download details of our shipping costs by simply clicking on the following link: SHIPPING COSTS

Permanent discount on your basket:

For all orders over £100, a 10% discount is applied to the order.

This offer cannot be combined with any other offer.

Temporary discount on your basket:

We reserve the right to offer temporary discounts (promotions) to all customers or to a specific category of customers. For example, as part of a partnership with an association, we may offer exclusive promotions to members of that association (through promotional codes). We therefore reserve the right to refuse any order using the said ‘promotional code’ to persons who are not members of the partner association.

7. Payment

The price invoiced to the customer is the price indicated on the order confirmation sent by BEYER S.A.S.

The price of the products is payable in cash on the day of the actual order.

Payment can be made by credit card bearing the CB logo, by check made out to SAS BEYER, or by bank transfer (see “Payment Terms”). Online, CM-CIC p@iement allows you to pay via a CIC bank server in a secure environment.

Your credit card number is therefore directed to the bank's servers, and your payment is made directly to a bank in a secure environment without going through the store's server, which is all the more important as your numbers are known only to our banking partner (CIC). The order validated by the customer will only be considered effective once the relevant bank payment centers have given their approval. In the event of refusal by said centers, the order will be automatically canceled and the customer notified by email. Furthermore, BEYER S.A.S reserves the right to refuse any order from a customer with whom there is a dispute.

8. Disputes

For any complaints, please contact customer service at the Seller's postal address or email address indicated in ARTICLE 1 of these T&Cs.

The Customer is informed that, in any event, they may resort to conventional mediation with existing sectoral mediation bodies or any alternative dispute resolution method (e.g., conciliation) in the event of a dispute.

In this case, the designated mediator is

CCI Alsace EUROMETROPOLE

place Gutenberg STRASBOURG 67000

alsace-eurometropole.cci.fr

Email: info@alsace.cci.fr.

The Customer is also informed that they may also use the Online Dispute Resolution (ODR) platform:https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show

Any disputes arising from purchase and sale transactions concluded under these T&Cs that cannot be settled amicably between the seller and the buyer or through mediation shall be submitted to the competent courts under the conditions of ordinary law.

9. Guarantee

BEYER S.A.S guarantees that all selected products are manufactured, produced, or published in France. With regard to food products, the expiration dates indicated must be respected by the customer.

In any case, BEYER S.A.S cannot be held liable for non-compliance with the regulatory and legislative provisions in force in the country of receipt. BEYER S.A.S's liability is systematically limited to the value of the product in question, at its date of sale, with no possibility of recourse against the brand or the company that manufactured the product.

In any event, the customer benefits from the legal warranty against eviction and hidden defects (Art. 1625 et seq. of the Civil Code). Provided that the buyer proves the hidden defect, the seller is legally obliged to remedy all the consequences (Art. 1641 et seq. of the Civil Code); if the buyer takes the matter to court, they must do so within a “short period” of discovering the hidden defect (Art. 1648 of the Civil Code). You can contact customer service: 5 days a week (Monday to Friday inclusive) at the following telephone number: 03 89 52 22 33

by email at contact@beyer-fr.com (response within 72 hours)

10. Seller's Liability - Warranties

The Products supplied by the Seller are covered by:

the legal warranty of conformity, for Products that are defective, damaged, or do not correspond to the order,

the legal warranty against hidden defects resulting from a defect in material, design, or manufacture affecting the products delivered and rendering them unfit for use,

Provisions relating to legal warranties

Article L217-4 of the Consumer Code

“The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from the packaging, assembly instructions, or installation when this has been made its responsibility by the contract or has been carried out under its responsibility.”

Article L217-5 of the Consumer Code

"The goods are in conformity with the contract:

1° If they are fit for the purpose usually expected of similar goods and, where applicable:

- if they correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention, and accepted by the seller. "

Article L217-12 of the Consumer Code

"Action resulting from lack of conformity lapses two years after delivery of the goods. "

Article 1641 of the Civil Code.

"The seller is bound by the warranty for hidden defects in the item sold that render it unfit for its intended use, or that diminish its use to such an extent that the buyer would not have purchased it, or would have paid a lower price for it, had they been aware of the defects. "

Article 1648, paragraph 1 of the Civil Code

“Action resulting from latent defects must be brought by the purchaser within two years of discovery of the defect.”

Article L217-16 of the Consumer Code.

"When the buyer asks the seller, during the term of the commercial warranty granted to them at the time of purchase or repair of movable property, for a repair covered by the warranty, any period of immobilization of at least seven days shall be added to the remaining term of the warranty. This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if this availability is subsequent to the request for intervention."

In order to assert their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.

The Seller shall refund, replace, or repair the Products or parts under warranty that are deemed non-compliant or defective.

Shipping costs shall be refunded on the basis of the invoiced rate, and return costs shall be refunded upon presentation of supporting documents.

Refunds, replacements, or repairs of Products deemed non-compliant or defective will be made as soon as possible and no later than 30 days after the Seller has identified the non-compliance or hidden defect. This refund may be made by bank transfer or check.

The Seller shall not be held liable in the following cases:

- failure to comply with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify,

- in the event of misuse, use for professional purposes, negligence or lack of maintenance on the part of the Customer, as in the event of normal wear and tear of the Product, accident or force majeure.

- The photographs and graphics presented on the website are not contractual and do not engage the Seller's liability.

The Seller's warranty is, in any event, limited to the replacement or refund of Products that are non-compliant or affected by a defect.

10 - Personal data

The Customer is informed that the collection of their personal data is necessary for the sale of the Products by the Seller and for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the purpose of executing the sales contract.

10.1 Collection of personal data

The personal data collected on the www.beyer-fr.com website is as follows:

Account creation

When creating a Customer/user account:

Last name, first name, postal address, telephone number, and email address.

Payment

When paying for Products offered on the www.beyer-fr.com website, the website records financial data relating to the Customer/user's bank account or credit card.

10.2 Recipients of personal data

Personal data is used by the Seller and its co-contractors for the performance of the contract and to ensure the efficient sale and delivery of the Products.

The category(ies) of co-contractor(s) is (are):

- Transport providers

- Payment service providers

10.3 Data controller

The data controller is the Seller, within the meaning of the French Data Protection Act and, as of May 25, 2018, Regulation 2016/679 on the protection of personal data.

10.4 Limitation of processing

Unless the Customer expressly agrees, their personal data will not be used for advertising or marketing purposes.

10.5 Data retention period

The Seller will retain the data collected for a period of 5 years, covering the limitation period for applicable contractual civil liability.

10.6 Security and confidentiality

The Seller implements organizational, technical, software, and physical measures in terms of digital security to protect personal data against alteration, destruction, and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.

10.7 Exercise of rights by Customers and users

In accordance with the regulations applicable to personal data, Customers and users of the www.beyer-fr.com website have the following rights:

- They may update or delete data concerning them in the following manner:

Request sent by email to delete their personal data.

- They may delete their account by writing to the email address indicated in Article 9.3 “Data Controller.”

- They may exercise their right of access to find out what personal data is held about them by writing to the address indicated in Article 9.3 “Data Controller.”

- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in Article 9.3 “Data Controller.”

- They may request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the address indicated in Article 9.3 “Data Controller.”

- They may also request the portability of the data held by the Seller to another service provider.

- Finally, they may object to the processing of their data by the Seller.

These rights, provided they do not conflict with the purpose of the processing, may be exercised by sending a request by mail or email to the Data Controller, whose contact details are indicated above.

The Data Controller must respond within a maximum period of one month.

If the Customer's request is refused, the reasons for the refusal must be given.

The Customer is informed that in the event of refusal, they may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.

The Customer may be asked to tick a box indicating that they agree to receive informational and promotional emails from the Seller. They may withdraw their consent at any time by contacting the Seller (contact details above) or by following the unsubscribe link.

11. Legal information

The provision of personal information collected for the purposes of distance selling is mandatory, as this information is essential for processing and delivering orders, issuing invoices, and drawing up warranty contracts. Failure to provide this information will result in the order not being validated. In accordance with the French Data Protection Act, the processing of personal information relating to customers has been declared to the French Data Protection Authority (CNIL). Customers have the right (Article 34 of the law of January 6, 1978) to access, modify, rectify, and delete data concerning them, which they may exercise by contacting BEYER S.A.S. Furthermore, BEYER S.A.S. undertakes not to disclose its customers' contact details to third parties, either free of charge or in return for payment.

11.1 Intellectual property

The content of the website www.beyer-fr.com is the property of the Seller and its partners and is protected by French and international intellectual property laws.

Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.

11.2 Applicable law - Language

These T&Cs and the transactions arising therefrom are governed by and subject to French law.

These T&Cs are written in French. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute.