Products from the designer
Products of the collection
Terms and conditions
Article 1
Scope
FORMA (hereafter “the Supplier”), Scop SAS à capital variable (French worker cooperative simplified joint-stock company with variable capital), registered office: 41 rue Raulin, 69007 Lyon, France, registered with the Lyon Trade and Companies Register (RCS) under number 988 976 312, EU VAT number: FR36988976312, publisher of the Lyon Béton brand – phone: +33 (0)9 70 66 19 34 – email: bonjour@lyon-beton.com;
and any adult individual acting for purposes outside their trade or profession, having the legal capacity to contract, residing in a country to which Lyon Béton delivers (hereafter “the Customer”), who purchases Product(s) on the Site.
The Customer declares that they are at least 18 years of age and have the legal capacity to place orders on the Site. The Terms of Sale applicable to each order are those in effect on the date of the order. Any order on the Site implies the Customer’s acceptance of the Terms of Sale in force at the time of the order. The Customer and the Supplier are collectively referred to as the “Parties” and individually as a “Party”.
Article 2
Purpose
Article 3
Products
Article 4
Sales price
Article 5
Ordering and paying for the products
Article 6
Delivery
The Supplier ships the order with a delivery note within the time frame shown before the order is confirmed and repeated in the order confirmation. If no time frame is stated, delivery takes place no later than thirty (30) days after the contract is concluded. In the event of a shipping delay, the Supplier will inform the Customer by email.
The risk of loss or damage to the Products passes to the Customer when the Customer, or a third party designated by the Customer other than the carrier proposed by the Supplier, takes physical possession of the Products.
If the delivery address entered by the Customer is incorrect, any re-shipment is at the Customer’s expense.
In the event of late delivery, the Customer may terminate the contract under the conditions set out in Articles L. 216-1 et seq. of the French Consumer Code. The Customer is then refunded all sums paid, including delivery costs, within fourteen (14) days of termination.
Article 7
Receipt of the order
If a parcel is lost in transit, investigation times vary by carrier and may take one to four weeks. The Supplier will keep the Customer informed and, if the parcel is declared lost, will send a replacement or issue a refund.
Article 8
Returns
To make processing easier, the Supplier will send the Customer a numbered return slip to be enclosed with the parcel. This return slip is an organisational convenience and is not a condition for exercising the right of withdrawal or the legal guarantees.
Products are to be returned to: Lyon Béton c/o Logistock, 273 rue du Champ du Garet, Traversée René Laennec, 69400 Arnas, France.
Return costs are borne by the Customer in the case of withdrawal (Article 10) and by the Supplier in the case of the legal guarantees (Article 9).
Article 9
Guarantees
9.2 – Legal guarantees.
The consumer has two years from delivery of the goods to obtain the application of the legal guarantee of conformity if a lack of conformity appears. During this period, the consumer only has to prove the existence of the lack of conformity, not the date on which it appeared.
Where the contract of sale provides for the continuous supply of digital content or a digital service for more than two years, the legal guarantee applies to that digital content or digital service throughout the supply period. During this period, the consumer only has to prove the existence of the lack of conformity affecting the digital content or digital service, not the date on which it appeared.
The legal guarantee of conformity requires the professional, where applicable, to supply all updates needed to keep the goods in conformity.
The legal guarantee of conformity entitles the consumer to have the goods repaired or replaced within thirty days of the request, free of charge and without major inconvenience.
If the goods are repaired under the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests repair but the seller imposes replacement, the legal guarantee of conformity is renewed for two years from the date of replacement.
The consumer may obtain a price reduction while keeping the goods, or terminate the contract and obtain a full refund upon return of the goods, if:
1° The professional refuses to repair or replace the goods;
2° The repair or replacement takes place after thirty days;
3° The repair or replacement causes major inconvenience to the consumer, in particular where the consumer permanently bears the cost of taking back or removing the non-conforming goods, or bears the cost of installing the repaired or replacement goods;
4° The lack of conformity persists despite the seller’s unsuccessful attempt to bring the goods into conformity.
The consumer is also entitled to a price reduction or to terminate the contract where the lack of conformity is so serious that an immediate price reduction or termination is justified. The consumer is then not required to request repair or replacement first.
The consumer is not entitled to terminate the sale if the lack of conformity is minor.
Any period during which the goods are unavailable for repair or replacement suspends the remaining guarantee period until the repaired goods are returned.
The rights above result from Articles L. 217-1 to L. 217-32 of the French Consumer Code.
A seller who obstructs in bad faith the application of the legal guarantee of conformity is liable to a civil fine of up to €300,000, which may be increased to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the legal guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for two years from discovery of the defect. This guarantee entitles the consumer to a price reduction if the goods are kept, or to a full refund upon return of the goods.
9.3 – Use of the Products The Products are designed for domestic, non-professional use. They may be used outdoors in temperate climates; we recommend protecting them under a shelter or with a cover against frost, heavy rain and direct, prolonged sunlight. They are not intended for heavy use or public spaces. Certain products made of ultra-high-performance fibre-reinforced concrete (for example the ALPS table) withstand wider temperature variations. Damage resulting from use that does not follow these instructions or the notices provided, from impact, dropping or lack of maintenance, as well as normal wear and the variations in appearance inherent to concrete (shading, air bubbles, patina) where stated in the Product description, does not constitute a lack of conformity.
9.4 – Spare parts Spare parts essential to the use of the Products are available for two (2) years from the date of purchase. Apart from bringing goods into conformity under the legal guarantee, which is free of charge for the Customer, spare parts are charged at the current rate.
Article 10
Cooling off period/right of withdrawal
10.2 – How to withdraw To exercise the right of withdrawal, the Customer must inform the Supplier of their decision before the period expires, by an unequivocal statement sent to: FORMA – Lyon Béton, 41 rue Raulin, 69007 Lyon, France, or by email to bonjour@lyon-beton.com. The Customer may use the model withdrawal form below, but this is not mandatory.
10.3 – Returning the Products The Customer must send the Products back without undue delay and no later than fourteen (14) days after communicating their decision, to: Lyon Béton c/o Logistock, 273 rue du Champ du Garet, Traversée René Laennec, 69400 Arnas, France. The direct cost of returning the Products is borne by the Customer. Due to their weight or size, some Products cannot normally be returned by post; the cost of returning them is estimated at 150€. To limit the risk of breakage, we recommend returning the Products in their original packaging or equivalent packaging. The Customer is only liable for any diminished value of the Products resulting from handling other than what is necessary to establish their nature, characteristics and functioning.
10.4 – Refund The Supplier will refund all sums paid, including the initial delivery costs (except any additional costs if the Customer chose a delivery method more expensive than the standard method offered), no later than fourteen (14) days from the day it is informed of the withdrawal decision. The Supplier may withhold the refund until it has received the Products back or until the Customer has supplied proof of having sent them, whichever is earliest. The refund is made using the same means of payment as the original order, unless the Customer expressly agrees otherwise.
10.5 – Exceptions In accordance with Article L. 221-28 of the French Consumer Code, the right of withdrawal does not apply to goods made to the Customer’s specifications or clearly personalised.
10.6 – Model withdrawal form (Complete and return this form only if you wish to withdraw from the contract.)
To FORMA – Lyon Béton, 41 rue Raulin, 69007 Lyon, France – bonjour@lyon-beton.com:
I/We () hereby give notice that I/We () withdraw from my/our () contract of sale of the following goods ()/for the provision of the following service (*):
Ordered on ()/received on ():
Name of consumer(s):
Address of consumer(s):
Signature of consumer(s) (only if this form is notified on paper):
Date:
(*) Delete as appropriate.
Article 11
Personal data
Article 12
Limitation of liability
Article 13
Intellectual properties
In addition, the Supplier remains the owner of all intellectual property rights on the photographs, presentations, studies, drawings, models, prototypes, etc., made (even at the request of the Customer). The Customer shall therefore refrain from reproducing or exploiting said studies, drawings, models and prototypes, etc., without the Supplier’s express, written and prior authorization, which may be conditional on a financial consideration.
Article 14
Force majeure
Article 15
Cookies
Article 16
Independence of clauses
Article 17
Applicable law - Disputes - Claims - Mediation
Article 18
Customs duties