Terms and conditions of use

General Terms and Conditions of Sale

1. GENERAL PROVISIONS

1.1. - These General Terms and Conditions of Sale (hereinafter "GTCS") exclusively govern the sales of items made on the website www.lyviomarine.com (hereinafter "the Site"), by the company Lyvio Électricité Marine, a simplified joint-stock company with a capital of €7,622.45, with its registered office at 4 Avenue Frédéric Mistral 06600 ANTIBES, France, registered with the RCS of ANTIBES under the number 423 619 485. (Intracommunity VAT: FR66423619485). These GTCS are subject to change. The conditions applicable to a sale are those available on the Site on the day the online order is validated and sent to the Customer electronically, along with the order confirmation, and no later than at the time of delivery.

1.2. - The Customer acknowledges having read and accepted these GTCS before placing their order. The validation of the order therefore constitutes unconditional acceptance of these GTCS. By validating their order, the Customer also confirms that they are at least eighteen years old and have the full legal capacity required to order one or more items.

2. PRICES

2.1 - The prices of our items are indicated in euros, all taxes included, excluding participation in delivery costs.

2.2 - Prices are subject to change at any time. In all cases, items are invoiced based on the rate in effect at the time the order is validated.

3. ORDERING PROCESS

Orders are registered on the Site, by following the procedure defined for this purpose. At the end of the online ordering process, the Customer is invited to validate their order by clicking on the indicated icon. This validation (or the customer must check a box to accept the GTCS before validating the order) leads to the formation of the sales contract between the company Lyvio Marine Électricité, the seller, and the Customer as the buyer. Unless proven otherwise, the data recorded by the company Lyvio Marine Électricité on the Site constitutes proof of all transactions made on the said site. The company Lyvio Marine Électricité reserves the right to cancel or not to proceed with an order from a customer with whom there is a dispute relating to the payment of a previous order.

4.   ITEM AVAILABILITY

All items offered on the Site are sold as new. Our offers, both in terms of items and prices, are valid as long as they are visible on our site, subject to available stock. For products not stored in our warehouses, our offers are valid subject to availability from our suppliers. Delivery restrictions are indicated on the product sheet. In the event that an item becomes unavailable after the order has been placed, Lyvio Marine Électricité will inform the Customer by e-mail. The order will be automatically canceled and no bank debit will be made, and if the Customer's bank account has been debited, they will be immediately reimbursed. Spare parts will be available for 2 years after the purchase date of the products.

5. PAYMENT - RESERVATION OF TITLE

Payment is made directly to the company Lyvio Marine Électricité:

  • either by bank card (accepted cards: Visa, Mastercard, Carte Bleue)

  • or by check;

  • or by bank transfer to the account of the company Lyvio Marine Électricité

    5.1 - Payment by bank card

    When the Customer validates their order and chooses payment by bank card, they switch to the secure server of the STRIPE payment system. The information entered by the Customer concerning their card is encrypted using the SSL/3Dsecure protocol. Only STRIPE has this information. A closed padlock appears in the lower corner of the navigation window, signifying that the procedure is secure, and the Site's address changes from http://… to https://… The 's' signifies that the communication is protected. The order is validated and processed after the transaction is validated. Otherwise, the order will not be fulfilled and will be canceled, of which the Customer will be informed by e-mail.

     

    5.2 - Payment by bank transfer

    In the case of payment by bank transfer, a numbered order form is issued, which contains the details of the order and a bank account statement / IBAN. The account details for the transfer are as follows: Bank: HSBC IBAN: FR76 3005 6002 2102 2121 7325 222 BIC /SWIFT: CCFRFRPP The Customer has a maximum of 10 days from the order validation to make the transfer. After this period, the order will be automatically canceled and the Customer will be informed by e-mail.

     

    5.3 - Retention of title

    The ordered items remain the property of the company Lyvio Marine Électricité until the full price has been collected by the said company.

 

 

6. DELIVERY OR COLLECTION OF ITEMS

6.1 - General provisions

Items ordered on the Site are delivered by mail or by carrier. The Lyvio Marine Électricité invoice is given to the customer upon request. It must be kept and can be claimed later, particularly in the event of the implementation of the legal or contractual warranty.

 

6.2 - Delivery by mail or carrier 

Items ordered on the Site are delivered in France and internationally. The delivery times indicated are usual average times, which include the order processing time and the delivery time of the item(s). Items are delivered to the delivery address indicated by the Customer when placing the online order. Delivery is carried out by the postal service or by an independent carrier, depending on the nature, volume, weight, and value of the item. The delivery method and transport costs are indicated on the Site, so that the Customer is aware of them before their order is registered. The ordered items travel at the Customer's risk if they choose a means of transport other than that offered by Lyvio Marine Électricité. When the Customer orders several products at the same time and these have different processing and/or delivery times, the delivery time for the order corresponds to the longest time.

The company Lyvio Marine Électricité reserves the right, however, to split the shipments, it being specified in this case that participation in processing and shipping costs will only be invoiced for a single shipment. In the case of payment by check or bank transfer, the order will only be processed upon receipt of the check or funds. Consequently, the applicable deadlines in this case run from the receipt of the check or the transferred funds, which implies an extension of the deadline compared to that announced on the day the order was placed. You must notify the carrier and Lyvio Marine Électricité customer service, whose contact details are in article 8, of any reservations about the delivered package (for example: damaged package, already opened...) within 3 days of its receipt.

 

7. RIGHT OF WITHDRAWAL

In accordance with the provisions of articles L. 221-18 et seq. of the Consumer Code, for orders placed on the Site, the Customer has a withdrawal period of fourteen (14) days from the collection or receipt of the goods by themselves or by a third party, other than the carrier, designated by them. In the case of an order for several products delivered separately, the period runs from the receipt of the last item. To exercise their right of withdrawal and return the ordered product(s), the Customer will inform the company Lyvio Marine Électricité of their decision to withdraw, by means of an unambiguous statement (for example, a letter sent by post, fax, e-mail). The package must be returned by the Customer, at the latest fourteen (14) days after they have informed of their decision to withdraw, to the following address: 

Lyvio Marine Électricité 

4 Avenue Frédéric Mistral 06600 ANTIBES

 

The Customer is free to choose the mode of transport to return their product(s). The return costs will remain at their expense. The return is made at their own risk, the transfer of risks taking place upon receipt of the product(s) in the warehouses of Lyvio Marine Électricité after verification of their condition. Depending on the mode of transport chosen, the Customer is responsible for the packaging and conditioning of the products so that they can travel without risk of damage. The product must be returned complete, with all accessories and instructions, in its original packaging. The Customer is liable in the event of depreciation of the product resulting from handling other than that necessary to establish its nature, characteristics, and proper functioning. The company Lyvio Marine Électricité will reimburse all payments received, including delivery costs, no later than fourteen (14) days from the day the company Lyvio Marine Électricité is informed of the decision to withdraw. It will proceed with the reimbursement using the same means of payment as that initially used by the Customer, unless a different means is expressly agreed upon. In any event, this reimbursement will not incur any costs for the Customer. The company Lyvio Marine Électricité may defer the reimbursement until it has received the returned product(s) or until the Customer has provided proof of the shipment of these products, the date retained being the first of these facts.

8. CUSTOMER SERVICE

For any information or questions, our customer service is at your disposal at the following e-mail address: contact@lyviomarine.com

9. INTELLECTUAL PROPERTY

All texts, comments, works, articles, illustrations, and images on the Site may be protected by copyright and/or the rules governing intellectual or industrial property. In this context, and subject to applicable regulations, any total or partial reproduction of the site is prohibited.

10. RESPONSIBILITY

10.1 - The items offered for sale on the Site comply with the French legislation in force. The liability of the company Lyvio Marine Électricité cannot be engaged in the event of non-compliance with the legislation of the country where the item is, ultimately, delivered (it being recalled that deliveries are made in France and internationally). In all cases, it is up to the Customer to check with local authorities the possibilities of importing or using the items offered for sale on the Site.

10.2 - The illustrations and photos on the Site are as faithful as possible but cannot ensure a perfect similarity with the product offered, particularly with regard to colors.

10.3 - The liability of the company Lyvio Marine Électricité cannot be engaged in the event of incompatibility of the ordered item(s) with the equipment of the purchaser and/or user. After consulting the characteristics and properties of the item available on the Site, and in case of any doubt remaining about the characteristics and properties of the said item, contact can be made with our customer service for any additional information, at the e-mail address listed in article 8.

10.4 - In general, the company Lyvio Marine Électricité is not responsible for the non-performance of the contract due to the occurrence of a force majeure event, and in particular in the event of a total or partial strike of postal services, carriers, or other external service providers, or the occurrence of natural or other disasters.

10.5 - Furthermore, with regard to items acquired to meet professional needs, the liability of the company Lyvio Marine Électricité is limited to the price of the disputed items, excluding indirect damages related to the use or non-use of the said items, and in particular operating losses, loss of profits, damages or any other costs that may arise.

 

11. WARRANTIES

11.1 Legal warranties

All products sold on the Site are subject to the legal warranty conditions resulting from articles L. 217-4 to L. 217-14 of the Consumer Code or articles 1641 to 1649 of the Civil Code, namely in particular:

  • Article L. 217-4 of the Consumer Code: "The seller delivers a good that conforms to the contract and is liable for any conformity defects existing at the time of delivery. They are also liable for conformity defects resulting from the packaging, assembly instructions, or installation when this was their responsibility under the contract or was carried out under their responsibility."

  • Article L. 217-5 of the Consumer Code: "The good conforms to the contract: 1- If it is suitable for the use usually expected of a similar good and, where applicable: if it corresponds to the description given by the seller and has 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 declarations made by the seller, the producer or their representative, particularly in advertising or labeling; 2- or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter."

  • Article L. 217-12 of the Consumer Code: "The action resulting from a conformity defect is time-barred after two years from the delivery of the good."

  • Article L. 217-16 of the Consumer Code: "When the buyer asks the seller, during the commercial warranty granted to them upon the acquisition or repair of a movable good, for a repair covered by the warranty, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the provision of the good in question for repair, if this provision is subsequent to the request for intervention."

  • Article 1641 of the Civil Code: "The seller is bound by the warranty for hidden defects in the sold item that render it unfit for the use for which it is intended, or that so diminish that use that the buyer would not have acquired it, or would have paid only a lower price, had they known about them."

  • Article 1648 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect."

     

    11.2. Commercial warranty

    The company Lyvio Marine Électricité undertakes to reimburse or exchange defective items or items that do not correspond to the order. The items offered for sale on the Site may, in certain cases and depending on their nature, be subject to a commercial warranty offered by the supplier or the importer. It is specified that the company Lyvio Marine Électricité does not personally provide any commercial warranty. In the event that such a warranty exists, it is mentioned in the description of the item available on the Site. It is also the subject of a written document given to the Customer upon delivery or collection of the item concerned. For any information concerning the commercial warranty, our customer service, whose contact details are in article 8, is available to the Customer. The purchase invoice for the guaranteed item will be requested before any implementation of the commercial warranty. The possible existence of a commercial warranty does not deprive the Customer of the legal warranties referred to in article 11.1 above.

12. Applicable Law – Disputes

This contract is subject to French law.

In the event of a dispute, the customer must first contact the company's customer service at +33 (4) 93 34 18 89 (non-surcharged number from a landline in mainland France), Monday to Friday, except on public holidays, from 8:00 a.m. to 12:00 p.m. and from 2:00 p.m. to 5:00 p.m. or by e-mail at the address listed in article 8. These GTCS are subject to French law. Any dispute will be submitted to the exclusive jurisdiction of the French courts. In the event of a dispute, the Customer may use a consumer mediator whose contact details will be provided on request.

 

13. PERSONAL DATA

13.1 Collection and processing of personal data

As part of the use of the website www.lyviomarine.com (hereinafter "the Site"), the company Lyvio Marine Électricité collects and processes certain personal data of Customers. This data is collected in particular during the creation of a customer account, the placing of an order, subscription to the newsletter, the use of the contact form, or Browse the Site via cookies. The information collected includes the name, first name, e-mail address, postal address, telephone number, and payment data.

 

13.2 Purposes of the processing

Customers' personal data is collected for the purpose of managing orders, ensuring their processing, shipping, and tracking. It is also used to provide effective customer service, respond to requests, and ensure after-sales follow-up. Lyvio Marine Électricité also uses this data to establish invoices and comply with current accounting and tax obligations. Furthermore, this data is used to send promotional offers and newsletters to Customers who have given their consent. Finally, this data is used to analyze site traffic and improve the user experience by offering personalized content.

 

13.3 Sharing of personal data

The collected data may be transmitted to Lyvio Marine Électricité's service providers and subcontractors, particularly those in charge of payment processing, order delivery, sending e-mails, and hosting the site. In no case is this data sold, rented, or exchanged with unauthorized third parties.

 

13.4 Data retention

Personal data is retained for a limited period and is proportionate to the purposes of the processing. Information related to customer accounts is retained for the entire duration of the account's use, then deleted after three years of inactivity. Data relating to orders and invoices is archived for ten years in order to comply with legal obligations. Information used for marketing purposes, such as newsletters and promotional e-mails, is retained for three years after the last contact with the Customer. Cookies, for their part, have a variable retention period depending on their nature, in accordance with the details mentioned below.

 

13.5 Customer rights over their data

In accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act, the Customer has a right of access, rectification, opposition, erasure, and limitation of the processing of their personal data. They can also exercise their right to portability, allowing them to recover their data in a structured format. To exercise these rights, simply send a request to contact@lyviomarine.com, specifying their identity and the nature of their request. A response will be provided within a maximum of one month.

 

13.6 Cookies and Browse tracking

The Site uses cookies to improve the user experience and analyze traffic. These cookies can be of different categories: some are strictly necessary for the proper functioning of the site, others make it possible to analyze the performance and behavior of users (such as Google Analytics), while some are used to display personalized content and advertisements or to facilitate the sharing of content via social networks. During their first visit to the Site, the Customer has the option of accepting or refusing the use of cookies via an acceptance banner that complies with the GDPR. They can also configure their preferences and deactivate cookies directly from their browser.

 

13.7 Data security

Lyvio Marine Électricité implements all the necessary technical and organizational measures to guarantee the security of personal data and prevent any unauthorized access, loss, disclosure, or destruction thereof. Transactions carried out on the Site are secured via the SSL protocol, and payments are processed by specialized providers such as Stripe or PayPal, guaranteeing a high level of protection.

 

13.8 Contact and complaint

For any questions relating to the protection of personal data, the Customer can contact Lyvio Marine Électricité by e-mail at contact@lyviomarine.com or by post at the following address: 4 Avenue Frédéric Mistral, 06600 Antibes. In the event of a dispute or complaint concerning the use of their data, the Customer can also refer the matter to the Commission Nationale de l’Informatique et des Libertés (CNIL) via its official website www.cnil.fr.