Terms of sale

 

Preambule

 

Offers from the e-shop are made by ELYTIUM. The electronic catalog provides the following information:

 

• Identification of the Company

SAS Elytium
Headquarter address :
Elytium
445 rue Lavoisier
38330 Montbonnot Saint Martin
France

 

RCS :  489 590 356
Phone : (33) 9 50 71 20 50

E mail: contact@yatrides-21st-century.com

 

• Description of the main characteristics of the proposed products

Mention of the total price of the proposed products in Euros, inclusive of tax for countries of the EU, and exclusive of tax for the other countries. These prices do not include the shipping costs.

• Information regarding the arrangements for payment, delivery or performance.

• Existence of a right of withdrawal.

• The period for which the offer and the price remain valid.

All information displayed on the www.yatrides-21st-century.com (hereinafter referred to as the "Site") is presented in english.

 The customer acknowledges, before placing the order, that he has read all the information aforementioned and the General Terms of Sale.

 

1 - Purpose

The purpose of these General Terms of Sale is to define the rights and obligations of the parties in the context of on-line selling of products proposed in this e-shop by Elytium.

 

2 - Area of the offer 

The geographical area covered by the offer made by the e-shop of Elytium is the following:

  • France
  • Europe
  • Outside Europe : South Africa, Andorra, Saudi Arabia, Argentina, Australia, Bahamas, Cameroon, Canada, China, South Korea, Ivory Coast, Egypt, United Arab Emirates, U.S.A., Guadeloupe, French Guyana, Hong Kong, Hungary, Indonesia, Island, Israel, Japan, Jordan, Kuwait, Lebanon, Liechtenstein, Morocco, Martinique, Mexico, Norway, New Caledonia, New Zealand, Poland, Czech Republic, Reunion, Russia, Saint Barthelemy, Saint Martin, Senegal, Singapore, Slovakia, Switzerland, Tahiti, Taiwan, Thailand, Turkey, Venezuela

 

3 - Contractual documents 

This Agreement is made up of the following documents, in decreasing hierarchical legal value:

  • These General Terms of Sale
  • The order form
  • The photographs of the products on the Site are not contractual. Elytium shall not be liable in case of errors or alterations resulting from the processing of these photographs.

4 - Order taking 

Any order form signed by the customer by an "approval click" shall constitute an irrevocable commitment which can only be challenged in the cases restrictively listed in this Agreement in Section 16 "Right of withdrawal" and Section 11 ":Fulfillment of the order".

5 - Confirmation of the order 

The contract shall only be effective upon Elytium’s confirmation of the order.

The customer will receive an acknowledgement of receipt by fax, mail or e-mail to confirm the order including all elements (such as list of ordered products, price, date of delivery, shipping costs,…)

Elytium reserves its right not to confirm the order for any reason whatsoever, in particular for any problem of products procurement or any problem concerning the received order.

6 - Term of the offer 

The offers proposed on the Site shall be valid as long as the products related thereto are on line and while stock last.

7 - Price - Invoice 

Prices are indicated in Euros . The amounts indicated in Pounds, US dollars or in any other currency are only indicative. The exact amount will be calculated in accordance with the current rate of the dollar or of the other concerned currency at the time of the payment.

The purchaser is guaranteed the price posted on the Site at the time of purchase.

The price fixed at the time of purchase is firm and does not include the shipping costs which are extra. Said costs will be indicated in the confirmation of the order.

For a delivery inside the EU, the prices include the VAT applicable at the date of the order. Prices are inclusive of VAT. Neither customs duties nor VAT shall be due for a delivery inside the EU. Any variation of the VAT applicable rate may affects the sale price of the products of the catalog.

In the event of delivery outside the EU, the customer will have to pay for customs duties or VAT or any other taxes due to the import of products in the country of delivery. The customer is also solely responsible for the formalities related thereto unless otherwise specified. The customer is solely responsible for checking whether the products ordered can be imported under domestic law in the country of delivery.

The invoice will be issued by Elytium. The customer shall indicate the address where the invoice is to be sent.

The price is payable upon placement of the order. The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent. The customer shall pay for his order : - by credit card as proposed on the Site. When approving the order form, the customer warrants ELYTIUM that he has all authority needed to use such a method of payment by credit card. - by cheque payable to ELYTIUM. Failing receipt of the cheque ten (10) days from the confirmation of the order by ELYTIUM or in case of rejection by the bank, ELYTIUM is entitled to cancel the order.

8 - Payment 

The price is payable upon placement of the order.

The customer undertakes to pay the total price of the products (price of products and shipping costs) as stipulated on the Site and also to pay for, or have someone pay for the customs duties, the VAT or any other taxes due to the import of products in the country of delivery, directly to the forwarding or customs agent.

The customer shall pay for his order

By credit card as proposed on the Site.

When approving the order form, the customer warrants Elytium that he has all authority needed to use such a method of payment by credit card.

9 - Non payment - Retention of title 

Title to the ordered products shall pass to Elytium upon full and definitive payment pursuant to the Act dated May 12, 1980. Elytium reserves its right to claim the return of the ordered products in case of non payment.

Under those circumstances, and upon Elytium's request, the customer shall return any product for which the payment has not occurred. The customer shall pay for any costs in connection therewith.

10 - Transfer of risks 

Risks of loss shall pass to the customer upon delivery of the product to the carrier by Elytium. Products transportation are at the customer's own risk, even if they are shipped or returned carriage free.

During the withdrawal period mentioned hereunder in Section 16, the customer, as custodian, shall be liable for the product. If the product is damaged or destroyed during the customer's custody, this latter will bear all the consequences thereof.

11 - Fulfillment of the order 

The order will be fulfilled within the period indicated on the Site and confirmed by Elytium at the time of the confirmation of the order. In any case, the order will be fulfilled within 30 days following the confirmation of the order at the latest, subject to the limit of available stock and unless otherwise agreed.

If the product ordered is not available or is out of stock, Elytium undertakes to inform the customer as soon as possible and to indicate a replenishment time.

The customer may, at its option, wait for the availability of the product or obtain a refund.and shall inform Elytium by e-mail.

12 - Delivery 

The area of delivery corresponds to the geographical area covered by the offer.

Products are delivered to the address indicated by the customer in the order form.

Delivery shall be deemed to have been made when the products are delivered to the carrier.

The delivery note given by the carrier, dated and signed by the customer upon delivery will constitute an evidence with regard to transport and delivery.

The customer shall check the content, the conformity and the condition of the product(s) on delivery thereof. 
In the event of delays, damages, total or partial losses, or any problem whatsoever, the customer shall be responsible for exercising all claims against the carrier. Elytium shall never be held liable for any reason whatsoever. 
Therefore, Elytium advises the customer to check the condition of the products upon delivery and before signing the acknowledgement of receipt of the parcel.

If the customer notes any damage he shall reject the products or issue handwritten, precise and dated reservations. These reservations must be confirmed by registered letter with recorded receipt sent to the carrier within three (3) working days following the delivery date of the products. A copy shall be sent to Elytium.

13 - Force majeure 

It is expressly understood that are considered as cases of force majeure, in addition to those which are usually retained by the case law in France,

Total or partial strikes, interruption of transport facilities or of procurement for any reason whatsoever, legal or governmental restrictions, computer breakdown, interruption of telecommunications including communication networks and especially internet.

Should a case of force majeure occurs, the fulfillment of the order will in a first step be suspended.

If after a three (3) months period, the parties ascertain the continuance of said case of force majeure, the order will be automatically cancelled, unless otherwise agreed by both parties.

14 - Collection of the goods in the event of the customer's absence 

In the event of the customer's absence at the time of the delivery, the carrier will leave a delivery notice at the delivery address given by the customer. The products shall be collected at the address indicated by the carrier and according to the carrier's instructions.

If after the period indicated by the carrier, the customer has not collected the products, the products will be returned to Elytium which reserves its right to refund to the customer the price of the products, the postage costs remaining payable by the customer.

15 - Claims 

Claims related to the non conformity of the delivered product(s) with the order shall be made in writing directly to Elytium and immediately upon receipt of said product(s). The customer must keep the packaging and the delivery note.

In case of an error, the customers undertakes to return said product within seven (7) days from its receipt provided that the product is returned to Elytium, without opening the packaging, in its original condition and packaging, together with all the associated documents. 
Once Elytium has received the product in due form, it will, at its expenses, send the product initially ordered by the customer.

16 - Return Policy 

1 - 7 Day Money Back Guarantee

Under the Consumer Protection (Distance Selling) Regulations 2000, you have the legal right to return your order within seven (7) working days of receipt of the goods.

In order to process a return we will need you to contact our customer service by phone or email, quoting your order number. Any goods returned must be returned in its original packaging, in the condition in which you received them, shall neither have been used, nor have suffered any damage.

The goods should be returned to the following address:

Elytium 
445 rue Lavoisier

38330 Montbonnot Saint Martin
FRANCE

You are able to organize the return yourself at your own expense to the address above. Please dispatch all goods by traceable post, including the reason for exchange or refund. Elytium will not be responsible for any returned goods that are lost in transit.

You will be refunded within (30) days from the order is received in our office. Refunds are generally made by bank transfer so we may need your bank details.

 

2 - Return of damaged / faulty products

We remind you that if you receive a product damaged in transit and if you have recorded this damage on the delivery sheet - all return charges will be at Elytium expense. If you receive a faulty product, return charges will be borne by Elytium as well.

In both cases:

  • If the product can be returned by Royal mail to the address above, Elytium will refund you the return charges on presentation of a receipt (the customer will have to return the parcel by Royal mail only, as recorded).
  • If the product is too heavy or too voluminous, we will organize the return by a carrier who will contact you to pick up the goods, at our expense.

17 - Warranty 

In order to avoid any trouble, products are verified by ELYTIUM before their shipment. However, the customer shall be entitled, for all defective products, to a three (3) months contractual warranty as from the date delivery subject to compliance with the recommendations set forth in the user documentation and the directions for use enclosed with the products.

In any case the statutory warranty against hidden defects provided for under the French Civil Code (Section 1641 et seq.) shall be enforceable.

The customer is entitled to an extended warranty for certain products. In that case, conditions and term of the warranty are defined in the warranty certificate delivered with the product. Said warranty does not cover damages or dysfunctions due to non compliance with directions for use of the product.

To implement the warranty, the customer shall return the product at its expenses to Elytium, with the original invoice.

Elytium undertakes to return an identical product at its expenses, except in case of stock out or a withdrawal of the concerned product from the range proposed by Elytium. In this latter case, Elytium will refund the customer.

18 - Personal informations 

All information provided by you will be treated securely and strictly in accordance with the Data Protection Act 1998.

We do not pass on your details to any third party unless you give us permission to do so.

The personal information requested from and related to the customer is essential to process and ship his order, to issue invoices and to draft warranty agreements, as the case may be. This information may be provided to the suppliers of Elytium.

The customer may object to such disclosure pursuant to Act dated January 6 1978, and exercise its right of access, correction and deletion of the information related to him by writing to, or calling, Elytium, 445 rue Lavoisier, 38330 Montbonnot Saint Martin , France , Phone (33)950712050

19-Electronic signature 

The "approval click" constitutes an electronic signature. Between the parties this electronic signature has the same legal value as a handwritten signature.

20-Evidence 

Computer-based registers, recorded in the computer system of Elytium in reasonable conditions of security shall be deemed to be the evidence of the communications, orders and payments that have occurred between the parties. Order forms and invoices are stored on a reliable and permanent medium so as to constitute a mean of evidence.

21-Intellectual property 

Elytium owns the intellectual property right upon the Site and the right to display the elements of the catalog, in particular the photographs for which it has obtained the necessary authorizations from the concerned persons.

Consequently, total or partial reproduction of the elements contained in the Site or the catalog on any medium whatsoever, the use of such elements and the fact to make them available to third parties are strictly prohibited.

22- Entire agreement 

These General Terms of Sale represent all obligations of the parties. No other general or special term and conditions communicated by the customer shall neither be included in, nor depart from these General Terms.

23-Non renunciation 

Any one or more failure by Elytium to enforce any provision of this Agreement or to exercise any right shall in no way constitute a waiver of such right or remedy on any future occasion.

24-Severability 

Should one or several clauses of these General Terms be considered as being non valid or is declared to be so in accordance with an act, a rule or pursuant to definitive ruling of a competent court, the remaining clauses will remain valid.

25-Litigation 

This Agreement is governed by the French Law, for both the substantive and procedural rules. 
THE PARTIES AGREE THAT, IN THE EVENT OF A DISPUTE ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT FOLLOWING OR IN APPLICATION OF THIS AGREEMENT, AND IF NO AMICABLE SETTLEMENTS WERE REACHED, THE COMPETENT JURISDICTION WILL BE THE COURTS OF THE REGISTERED OFFICE OF ELYTIUM, NOTWITHSTANDING THE CASE OF PLURALITY OF DEFENDANTS, OR EMERGENCY PROCEDURE.