Terms and conditions of use

Terms and conditions of use

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General Terms and Conditions of Sale

1. GENERAL PROVISIONS

1.1. These General Terms and Conditions of Sale (hereinafter "GTC") govern exclusively the sale of items made on the website www.lyviomarine.fr (hereinafter "the Site") by Lyvio Électricité Marine, a simplified joint-stock company with a capital of €7,622.45, whose registered office is at 4 Avenue Frédéric Mistral 06600 ANTIBES, France, registered with the ANTIBES Trade and Companies Register under number 423 619 485 (Intracommunity VAT: FR66423619485).
These GTC are subject to change. The conditions applicable to a sale are those available on the Site at the time of order validation and sent to the Customer by electronic means, along with the order confirmation, and at the latest at the time of delivery.
1.2. The Customer acknowledges having read and accepted these GTC before placing their order. Therefore, the validation of the order constitutes acceptance of these GTC without reservation.
By validating their order, the Customer also confirms they are at least eighteen years old and have the legal capacity required to order one or more items.

2. PRICES

2.1 The prices of our items are indicated in euros, including all taxes, excluding shipping costs.
2.2 Prices are subject to change at any time. In any case, items are billed based on the price in effect at the time the order is validated.

3. ORDERING PROCESS

Orders are placed on the Site following the procedure defined for this purpose. After completing the online ordering process, the Client is invited to validate their order by clicking on the indicated icon. This validation (or the client must check a box to accept the GTC before validating the order) forms the sales contract between Lyvio Marine Électricité, the seller, and the Client, the buyer.
Unless proven otherwise, the data recorded by Lyvio Marine Électricité on the Site constitutes proof of all transactions made on the Site.
Lyvio Marine Électricité reserves the right to cancel or not follow through on an order from a client with whom there is a dispute regarding the payment of a previous order.

4.   ITEM AVAILABILITY

All items offered on the Site are sold new.
Our offers, in terms of items and prices, are valid as long as they are visible on our site, within the limits of available stock.
For products not stocked in our warehouses, our offers are valid subject to availability from our suppliers. Delivery restrictions are indicated in the product sheet.
In the event that an item becomes unavailable after the order has been placed, Lyvio Marine Électricité will notify the Client by email. The order will be automatically canceled, and no bank charge will be made. If the Client's account has been debited, it will be refunded immediately.
Spare parts will be available for 2 years after the date of purchase of the products.

5. PAYMENT - RESERVATION OF TITLE

Payment is made directly to Lyvio Marine Électricité:

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

  • by check

  • or by bank transfer to the Lyvio Marine Électricité account

5.1 - Payment by Credit Card

When the Client validates their order and chooses payment by credit card, they are redirected to the secure payment server of STRIPE. The information entered by the Client regarding their card is encrypted using the SSL/3Dsecure protocol. Only STRIPE has access to this information. A closed padlock appears in the lower corner of the browser window, indicating that the procedure is secure. Moreover, the Site's address changes from http://... to https://..., indicating that the communication is protected.
The order is validated and processed after the transaction has been approved. If not, the order will be canceled, and the Client will be informed by email.
5.2 - Payment by Bank Transfer
In the case of payment by bank transfer, a numbered order form is issued, which includes the order details and bank account information (IBAN). The references for the account where the transfer should be made are as follows:
Bank:
RIB:
Swift code:
IBAN code:
The Client 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 Client will be notified by email.
5.4 - Reservation of Title
The ordered items remain the property of Lyvio Marine Électricité until full payment has been received by the company.

 

 

 

6. DELIVERY OR COLLECTION OF ITEMS

6.1 - General Provisions
The items ordered on the Site are delivered by mail or by a carrier.
The Lyvio Marine Électricité invoice is provided to the client upon request. It must be kept and can be requested later, particularly in the event of the exercise of a legal or contractual warranty.

6.2 - Delivery by Mail or Carrier
The items ordered on the Site are delivered in France and internationally.
The delivery times indicated are average usual times, including both the order processing time and the shipping time of the item(s).
Items are delivered to the delivery address indicated by the Client when placing the online order.
Delivery is carried out by the postal service or an independent carrier, depending on the nature, volume, weight, and value of the item. The delivery method and transportation costs are indicated on the Site so that the Client is aware of them before confirming the order. Items ordered travel at the Client’s own risk if they choose a delivery method other than the one proposed by Lyvio Marine Électricité.
If the Client orders several products at the same time with different processing and/or delivery times, the delivery time for the entire order will be based on the longest delivery time. However, Lyvio Marine Électricité reserves the right to split the shipments. In this case, the processing and shipping fee will only be charged for a single shipment.
In the case of payment by check or bank transfer, the order will only be processed once the check or funds have been received. As a result, the applicable deadlines will start from the receipt of the check or transferred funds, which will extend the timeline compared to the one announced at the time of order placement.
The Client must notify the carrier and Lyvio Marine Électricité customer service (contact details in Article 8) of any reservations about the delivered package (e.g., damaged package, already opened, etc.) within 3 days after receiving it.

 

7. RIGHT OF WITHDRAWAL

In accordance with the provisions of Articles L. 221-18 and following of the Consumer Code, for orders placed on the Site, the Client has a withdrawal period of fourteen (14) days from the day they or a third party, other than the carrier, designated by them, receives the goods. In the case of an order involving multiple products delivered separately, the period runs from the reception of the last item.
To exercise their right of withdrawal and return the ordered product(s), the Client must inform Lyvio Marine Électricité of their decision to withdraw, through an unequivocal declaration (e.g., letter sent by post, fax, email).
The Client must return the item(s) at the latest fourteen (14) days after informing Lyvio Marine Électricité of their decision to withdraw to the following address:
Lyvio Marine Électricité
4 Avenue Frédéric Mistral 06600 ANTIBES
The Client is free to choose the method of transport to return the product(s). Return shipping costs are at their expense. The return is made at the Client’s own risk, with the risk transferring upon receipt of the product(s) at Lyvio Marine Électricité's warehouse after verification of their condition.
Depending on the chosen transport method, the Client is responsible for packaging and preparing the product(s) to avoid any risk of damage.
The product must be returned complete, with all accessories and instructions, in its original packaging. The Client’s liability is engaged in case of product depreciation resulting from handling other than what is necessary to establish its nature, characteristics, and proper functioning.
Lyvio Marine Électricité will refund all payments received, including delivery costs, at the latest fourteen (14) days after the company is informed of the withdrawal decision. The refund will be made using the same payment method initially used by the Client, unless expressly agreed otherwise. In any case, this refund will incur no fees for the Client.
Lyvio Marine Électricité may delay the refund until receipt of the returned product(s) or until the Client provides proof of dispatch, with the earliest of these dates being the one considered.

8. CUSTOMER SERVICE

For any information or questions, our customer service is available at the following email address: contact@lyviomarine.fr.

9. INTELLECTUAL PROPERTY

For any information or questions, our customer service is available at the following email address: contact@lyviomarine.fr.

10. RESPONSIBILITY

10.1 - The items offered for sale on the Site comply with French law.
Lyvio Marine Électricité’s liability cannot be held for non-compliance with the laws of the country to which the item is finally delivered (it is reminded that deliveries are made in France and internationally).
In all cases, it is the Client’s responsibility 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 accurate as possible but cannot guarantee a perfect similarity to the offered product, especially in terms of colors.

10.3 - Lyvio Marine Électricité’s liability cannot be held for incompatibility between the ordered item(s) and the Client’s equipment and/or user. After reviewing the item’s characteristics and properties available on the Site, if there are doubts, the Client may contact our customer service for further information at the email address listed in Article 8.

10.4 - More generally, Lyvio Marine Électricité is not responsible for the non-performance of the contract due to the occurrence of an event of force majeure, including strikes (total or partial) of postal services, carriers, or other external service providers, or the occurrence of natural or non-natural disasters.

10.5 - Regarding items acquired for professional needs, Lyvio Marine Électricité’s liability is limited to the price of the disputed items, excluding any indirect damages related to the use or non-use of the items, such as loss of business, loss of profit, damages, or any other related costs.

 

11. WARRANTIES

11.1 Legal Warranty of Conformity and Warranty Against Hidden Defects
All products supplied by Lyvio Marine Électricité benefit from the legal warranty of conformity provided by Articles L.217-3 and following of the French Consumer Code and the warranty against hidden defects provided by Articles 1641 and following of the French Civil Code.

When acting under the legal warranty of conformity, the consumer:

  • has a period of two years from the delivery of the goods to act;

  • may choose between repair or replacement of the goods, subject to the cost conditions provided for in Article L. 217-12 of the Consumer Code;

  • is exempt from proving the existence of the lack of conformity of the goods during the twenty-four months following the delivery of the goods.

The legal warranty of conformity applies independently of any commercial warranty that may be granted.
The consumer may also decide to invoke the warranty against hidden defects in accordance with Article 1641 of the Civil Code. In this case, the consumer can choose between cancellation of the sale or a price reduction in accordance with Article 1644 of the Civil Code.

11.2 Commercial Warranty
Some products may benefit from a commercial warranty whose duration and conditions are specified on the product page and/or in the product documentation. This warranty does not cover:

  • abnormal or non-compliant use of the products;

  • faults due to the Client’s negligence or improper maintenance;

  • faults resulting from external causes (lightning, damage caused by water, etc.).

 

12. Applicable Law – Disputes

This contract is governed by 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-premium rate number from a landline in mainland France), Monday to Friday, excluding 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 email at the address listed in Article 8.

These General Terms and Conditions of Sale are subject to French law. Any dispute shall fall under the exclusive jurisdiction of the French courts. In the event of a disagreement, the customer may contact a consumer mediator, whose contact details will be provided upon request.

 

13. PERSONAL DATA

The personal data collected from Clients is necessary for order processing and is intended for internal use by Lyvio Marine Électricité.
In accordance with the French Data Protection Act of January 6, 1978, and Regulation (EU) 2016/679 (General Data Protection Regulation – GDPR), Clients have the right to access, rectify, oppose, erase, and limit the processing of their personal data.
These rights may be exercised by contacting Lyvio Marine Électricité by email at: contact@lyviomarine.fr or by mail at the address:
Lyvio Marine Électricité
4 avenue Frédéric Mistral
06600 ANTIBES – France

Lyvio Marine Électricité undertakes not to disclose or share Client data with third parties without prior consent, except where required by law.
Clients may also file a complaint with the CNIL (French data protection authority).