The website www.pyrenex.com is the online shop for PYRENEX products. We invite you to read carefully these General Terms and Conditions of Use and Sale as well as our Personal Data Protection Policy in order to browse our website and purchase our products and/or subscribe to the services offered thereon. Use of our website implies prior, full and unconditional acceptance of these General Terms and Conditions of Use and Sale and our Personal Data Protection Policy, which you acknowledge having read.
Legal notices
The website www.pyrenex.com (the "Website") is published by the company PYRENEX ("PYRENEX"), a Société par Actions Simplifiée with share capital of €3,864,920
Whose registered office is located at: Zone industrielle de Péré, 28 rue de Papin – 40501 Saint-Sever CEDEX (France)
Registered under number 302 306 626 (R.C.S. of Mont-de-Marsan)
Intra-community VAT number: FR 302 306 626
Unique number (ADEME): FR025957_10IDCV
Tel: + 33 (0)5 58 76 03 40
Email: eshop@pyrenex.com
Publication director: Eric Bacheré
Website host www.pyrenex.com: the company ONLINE, a Société par Actions Simplifiée with a share capital of €214,410.50, with its registered office at 8 rue de la Ville l'Evêque – 75008 Paris (France) - Tel: +33 (0) 1 84 13 00 00
Website creation date www.pyrenex.com: 1 April 1999
Last update date of the Website's General Terms and Conditions of Use and Sale: (19/03/2024)
We invite you to download and print these General Terms and Conditions of Use and Sale of the Website.
General terms and conditions of use and sale of the website www.pyrenex.com (for use intended for consumers)
Preamble
These General Terms and Conditions of Use and Sale (the "General Conditions") are concluded between Pyrenex and any adult natural person, non-trader, with legal capacity to contract, exclusively domiciled in countries served by Pyrenex (the "Customer") wishing to make a purchase on the website www.pyrenex.com (the "Website").
For the purposes of the General Conditions, it is agreed that the Customer and PYRENEX shall collectively be referred to as the "Parties" and individually as the "Party". The sale of PYRENEX products (the "Products") on the Website is exclusively reserved for retail sales to private individuals.
Under no circumstances may the Website be used by professional sellers, whether acting alone or collectively, regardless of their method of commercialisation (online marketplaces, shopping galleries, intermediaries, physical shops, etc.). The Customer therefore acknowledges and accepts that Products may only be purchased in quantities corresponding to the average needs of a consumer, both in terms of the number of products ordered in a single order and the number of individual orders placed on the Website.
PYRENEX reserves the right to refuse an order clearly placed by a professional.
Article 1: subject matter and enforceability
1.1 The purpose of the General Conditions is to establish the rules for use of the Website and to govern the sale of Products thereon. Accordingly, the Customer undertakes, on each visit to the Website, to comply with the General Conditions, which apply to all Products and services available on the Website, whether these are provided free of charge or sold.
When registering to create their account and for each online order, including when placed in "guest" mode, the Customer must additionally confirm and expressly agree to the General Terms and Conditions of Sale as well as to PYRENEX's Personal Data Protection Policy. This agreement is confirmed by a validation click during registration or at the end of the purchasing process.
1.2 The fact that either Party fails to invoke, at any given time, any of the clauses of the General Terms and Conditions may not under any circumstances be interpreted as a waiver by that Party of its right to invoke any of those clauses at a later date.
1.3 PYRENEX is free to modify the General Terms and Conditions at any time in order to adapt them to developments on the Website and/or in legislation. The new General Terms and Conditions are applicable 15 (fifteen) days after they are published on the Website.
The Customer is therefore advised to refer regularly to the latest version of the General Conditions, which is permanently available on the Website, and to cease using it in the event of disagreement with the General Conditions in force.
However, the applicable General Terms and Conditions are those in force on the date on which the order is placed by the Customer.
Likewise, any condition contrary to the General Conditions requested by the Customer and not accepted by PYRENEX is unenforceable against it.
1.4 Unless proven otherwise, the data recorded on the Website constitutes proof of all transactions made between the Parties.
Article 2: products
2.1 Our Product offers and their prices are valid, unless a specific duration is indicated, for as long as they are visible on the Website, subject to available stock.
In the event that one or more Products become unavailable after the Customer has placed their order, the Customer will be immediately notified by email. The Customer will then have the option of either receiving an equivalent product, in particular an identical product but in a different colour, or cancelling their order and being refunded the amounts they have paid.
In the event of cancellation of their order, the refund will be processed within 14 (fourteen) days from the date of said cancellation.
2.2 Each Product is the subject of a description appearing on the Website. This description sets out the essential characteristics of the Products. In the event of doubt or if further information is required, the Customer may contact Customer Services, whose contact details appear in Article 10 below. The photographs presenting the Products on the Website are provided for illustrative purposes only.
2.3 PYRENEX undertakes to deliver Products that comply with all applicable European and French regulations, in particular those relating to regulated chemical substances, and the safety and health of persons. Accordingly, it is the responsibility of Customers residing outside the European Union to verify that the Products comply with their own regulations.
Article 3: prices
3.1 The prices of the Products are shown on the Website in euros or in pounds sterling for shipments to the United Kingdom. For France and European Union countries, prices are displayed inclusive of all taxes (VAT included), with the VAT applied being that in force on the date of the order. For all products dispatched outside the European Union, to Guadeloupe, Martinique, French Guiana and Réunion, prices will be calculated excluding taxes automatically on the invoice. Customs duties, other local taxes and/or import duties may be payable. These duties and amounts do not fall within the remit of PYRENEX. They shall be borne exclusively by the Customer and are entirely their responsibility, both in terms of declarations and payments to the competent authorities/bodies in the Customer's country. The Customer is advised to enquire about these matters with their local authorities.
3.2 The prices of the Products are indicated inclusive of packaging and handling costs but exclusive of delivery costs. The amount of delivery costs is communicated on the order summary prior to confirmation by the Customer, as well as in the PYRENEX email sent to the Customer summarising their order. These costs are borne by the Customer and are invoiced in addition to the sale price of the Products. As the amount of delivery costs varies depending on the delivery zone and the delivery method chosen by the Customer, the Customer may access all information on delivery costs by clicking on the link at the bottom of the page, under the section "delivery / returns".
3.3 The sale price of Products is that in force on the day of the order. In the event of a promotion or sale, PYRENEX undertakes to apply the promotional or sale price to any order placed during the period of the promotion or sale.
3.4 PYRENEX may reserve the right to offer promotional codes. These promotional codes may only be generated by PYRENEX and will not be applicable to the price of Products that are already subject to other promotions (sales, bundle sales, sales with premiums, price reductions, etc.). PYRENEX cannot be held liable for any promotional codes disclosed on social media and other forums other than those issued by PYRENEX and for which it has not given its consent.
3.5 PYRENEX reserves the right to modify the price of Products at any time. However, Products will be invoiced on the basis of the prices in force on the day of the Customer's order.
3.6 PYRENEX shall not be bound by the display of an incorrect price that is manifestly derisory in relation to the actual value of the product, whatever the reason (computer bug, manual error, technical error). In such a case, PYRENEX will inform the Customer as soon as possible and the order, even if confirmed by PYRENEX, will be automatically cancelled. The Customer will also be able, if they so wish, to re-place their order at the corrected and correct price.
3.7 No discount is granted for early payment.
3.8 No complaint by the Customer may in any circumstances have the effect of deferring or suspending payment of the price of the Products ordered.
Article 4: duration
The General Terms and Conditions apply for the period necessary for the delivery of the Products until the expiry of the guarantees provided for in the General Terms and Conditions.
Article 5: access to and use of the website
5.1 The equipment (computers, phones, software, telecommunications means, etc.) enabling access to the Website is the Customer's sole responsibility, as are the telecommunications costs incurred by their use.
5.2 In order to place an order on the Website, the Customer may first register as a "guest" without creating a customer account, but by providing a certain amount of information (surname, first name, personal address, email address and telephone number), indicated by an asterisk (*) where their provision is mandatory in order to fulfil the order placed. The Customer may also choose to create a customer account by completing an online registration form, certain details of which (surname, first name, personal address, email address and telephone number), indicated by an asterisk (*), must be completed in order to enable the processing and fulfilment of their order as well as access to certain sections and/or services on the Website.
Should the mandatory information not be provided, the Customer's account cannot be created and the Customer will not be able to place orders on the Website. For further information on the collection and processing of the Customer's personal data, the Customer may click on the link at the bottom of the page, under the section "Personal Data Protection Policy". Each time information is requested by PYRENEX, the Customer undertakes to provide truthful, accurate and complete information and to keep it up to date without delay.
In the event that the Customer provides false, inaccurate, outdated or incomplete information, PYRENEX shall be entitled to refuse to process their orders. The Customer is also responsible for all financial consequences arising from the use of the Website in their own name as well as on behalf of third parties, including minors, unless they can demonstrate fraudulent use resulting from no fault or negligence on their part.
Creating an account, as well as simply placing an order as a "guest", requires a valid email address, which will subsequently be used to log in to the Website and/or to track the order.
5.3 When the Customer decides to create an account, they are required to choose access credentials upon creation (a username, which will be the chosen email address, and a password) that are personal to them. The Customer's access credentials allow them to identify themselves and access their account at any time, as well as to place orders.
It is the Customer's responsibility to keep their account and access credentials confidential. Unless proven otherwise, any connection to the Website or transmission of data made using the Customer's access credentials will be deemed to have been made by the Customer.
Consequently, the Customer undertakes to keep their access credentials confidential and must not disclose them in any form whatsoever to third parties. In this regard, the Customer has the option of explicitly logging out at the end of each session.
In the event of loss, theft, or accidental disclosure of their access codes, the Customer has the option of generating new ones directly on the Website.
The Customer's account enables them, in addition to placing orders on the Website, to carry out Product return procedures, to consult the history of their purchases made on the Website, their invoices and order confirmations, and to download them in PDF format from their account.
The Customer may close their account at any time and without notice by sending a closure request by email or post to the Customer Service department of PYRENEX, the contact details of which are set out in Article 10. PYRENEX reserves the right to close the account of any Customer who has breached the General Terms and Conditions by operation of law. It is noted that PYRENEX may close the Customer's account in the event that it has been inactive for at least 3 (three) years, in application of the regulations relating to the retention of personal data.
The Customer will be informed by email or postal letter, whatever the reason for the termination or deactivation of their account. They will no longer be able to place online orders on the Website from their account from the effective date of termination. The termination of the Customer's account will not be considered to constitute a loss for the latter, who will not be entitled to any compensation as a result. Furthermore, termination does not preclude the possibility for PYRENEX to take legal proceedings against the Customer where the facts justify doing so.
5.4 PYRENEX undertakes to use its best efforts to secure access to, consultation of, and use of the Website in accordance with standard internet usage rules.
However, PYRENEX cannot guarantee that the Website will be free from anomalies, viruses, errors, or bugs, nor that these can be corrected, nor that the Website will operate without interruption or breakdown, nor that it will be compatible with all computer hardware or particular configurations. The Website is accessible 24 hours a day, 7 days a week, except in cases of force majeure or the occurrence of an event beyond PYRENEX's control, and subject to any breakdowns and maintenance work required for the proper functioning of the Website.
Maintenance work may be carried out without the Customer having been notified in advance. The Customer declares that they accept the characteristics and limitations of the internet, and in particular its technical performance, response times for consulting, querying or transferring data, and the risks associated with communications security.
In this regard, the Customer acknowledges:
- that their use of the Website is at their own risk; the Website and its content being accessible to them "as is" and subject to availability;
- that they are liable for any damage suffered by their terminals and/or any loss of data resulting from downloading or browsing the Website;
- that it is therefore their responsibility to take all appropriate measures to protect their own data and/or software from contamination by any viruses that may circulate through the Website;
- that no advice or information, whether oral or written, obtained by the Customer from PYRENEX or through the use of the Website is capable of creating guarantees not expressly provided for in the General Terms and Conditions;
- that they are solely responsible for their use of the Website;
- that the communication of their access credentials or, more generally, of any information deemed confidential, is made under their sole responsibility;
- that it is their responsibility to take all necessary measures to ensure that the technical characteristics of their equipment allow them to browse the Website.
5.5 The Customer is prohibited from any commercial or for-profit exploitation of all or part of the Website. The Customer also undertakes not to infringe the rights of PYRENEX and agrees to:
- to use and/or download the information on the Website onto their device for exclusively personal, non-commercial and time-limited use;
- to print downloaded information on paper only on condition that the copies thus produced are for exclusively personal use, which excludes in particular any reproduction for professional or commercial purposes or for mass distribution, whether free of charge or paid;
- not to copy and/or reproduce all or part of the Website, in particular on another website, another application, or a company's internal network;
- not to reproduce, reuse, summarise, alter, modify, move, extract, replace, store, redistribute, display or retain, directly or indirectly, on any medium whatsoever, by any means and in any form whatsoever, all or part of the information and/or reproductions (illustrations, photos, etc.) appearing on the Website and/or the name, logo(s) and trademarks of PYRENEX or any third party;
- implement appropriate control systems in line with technical developments to prevent any "hacking" of the Website, and in particular to prevent the unlawful or contrary-to-the-General-Conditions use of all or part of the information and reproductions appearing on the Website, in any manner and in any form whatsoever;
- inform PYRENEX as soon as they become aware of any "hacking" and in particular of any unlawful or non-contractual use of all or part of the Website, regardless of the method of dissemination used.
5.6 The Customer must not use any device, software or programme that may interfere or attempt to interfere with the proper functioning of the Website. Accordingly, the Customer undertakes, each time they use the Website, to behave in a normal and reasonable manner and not to disrupt its proper functioning in any way. In particular, the Customer undertakes to:
- not to disrupt, slow down, block, or alter the normal flow of data exchanged in connection with use of the Website;
- not to accelerate the scrolling speed of the Website's content in such a way as to alter or disrupt its operation;
- not to carry out any other action having an equivalent disruptive effect on the functionalities of the Website;
- not to fraudulently access, remain in, obstruct, or disrupt the Website's access systems.
Article 6: Order process
6.1 Delivery zones
As of today, PYRENEX processes orders placed from anywhere in the world with the exception of the following countries to which products are not delivered: Afghanistan, Angola, Anguilla, Armenia, Azerbaijan, Bangladesh, Benin, Bhutan, Botswana, Burkina Faso, Burundi, Cameroon, Cape Verde, Central African Republic, Comoros, Congo, Congo DRC, North Korea, Ivory Coast, Djibouti, Eritrea, Gabon, Gambia, Georgia, Ghana, Guam, Guinea, Equatorial Guinea, Guinea-Bissau, Haiti, Mauritius, Iraq, Japan, Kazakhstan, Kenya, Kyrgyzstan, Lesotho, Liberia, Madagascar, Malawi, Mali, Mauritania, Mayotte, Mongolia, Mozambique, Namibia, Niger, Nigeria, Uganda, Uzbekistan, Pakistan, Rwanda, São Tomé, Senegal, Sierra Leone, Sudan, Syria, Tajikistan, Tanzania, Chad, East Timor, Turkmenistan, Yemen, Zambia, Zimbabwe.
6.2 Customer identification
The Customer places an order by choosing either the "guest" mode without creating an account, or by using their account, with which they can identify themselves by entering their access credentials referred to in Article 5.2 above.
In all cases, the Customer must complete or confirm, each time they place an order on the Website, their delivery and billing details and pay for their order.
6.3 Order placement process
The Customer may place their order from the catalogue of Products available on the Website. The Customer orders the Product(s) of their choice by clicking on the "Add to basket" icon after having selected the desired colour, size and quantity. At any time, before confirming each step of their order and up to payment, the Customer may:
- access the order summary page by clicking on the "Basket" icon and thus check the Product(s) in their basket: their reference, price, chosen colour, size, and desired quantity;
- modify or cancel the order for one or more Product(s) on the basket summary page;
- continue selecting Products by clicking on the "Continue shopping" icon from the cart addition confirmation window after adding a Product from its product page, or on the cart summary page;
- confirm their order by clicking on the "Order" icon from the confirmation window for adding to the basket after adding a Product from its product page, or on the order summary page.
6.4 Order validation
The Customer reviews the Products in their basket and subject to the order on the order summary page, which indicates the total price of the order, distinguishing between the total price of the Product(s) and the delivery costs. If the Customer has a promo code, they must enter it in the space provided for that purpose in order to benefit from it.
The order summary page clearly indicates to the Customer the payment obligation resulting from the order validation process by means of the wording "Order with obligation to pay".
If the Customer does not confirm their order, the contents of the basket remain accessible for a period of 20 (twenty) days, allowing its subsequent confirmation where applicable.
6.5 Order finalisation
6.5.1 Confirmation of the delivery and billing address The Customer must then enter the address to which they wish the Products to be delivered. The Customer may choose to use a different billing address from the delivery address entered by unticking the box "Use the same address for the invoice".
6.5.2 Confirmation of the delivery method The Customer must then choose the UPS delivery method for the Products ordered (standard home delivery, standard delivery to a UPS access point, or Express Saver mode).
6.5.3 Payment method confirmation The Customer must select their payment method. To confirm the payment and proceed to the next step by clicking on the "Place order" icon, the Customer declares that they have read and accepted the General Conditions without reservation.
6.6 Payment for the order
6.6.1 The amount due by the Customer is the amount shown on the payment page, which the Customer has reviewed before definitively confirming their order. The price is then reiterated at the end of the payment process in the order confirmation email sent to the email address provided by the Customer.
6.6.2 Payment for Products ordered on the Website may be made at the Customer's choice:
- by bank card (Carte Bleue, Visa, Eurocard/Mastercard/American Express) directly on the Website, via the TSL remote card payment system (secure payment certified and guaranteed by CIC]). The card is then debited as soon as the order is placed, except in the event of server unavailability. In this event, PYRENEX reserves the right to submit a new debit authorisation request in the event that the first one was unable to be processed due to server unavailability. In any event, the amount debited corresponds to the Product(s) actually received by the Customer. To pay for their order by bank card, the Customer must provide on the Website the name of the cardholder, the bank card number, the card's expiry date and the security code (the 3-digit number on the back of their bank card). The Customer will also be required to provide their telephone number. These data will be encoded by the servers on which the Website is hosted using the security standard [to be completed].
- or with the Customer's PayPal account. By choosing to pay via PayPal, the Customer will be automatically redirected to their PayPal account. Once the PayPal payment has been validated, the Customer will be able to complete their order on the Website.
- or in 3 interest-free instalments using the Customer's Scalapay account (payment method available in France, Spain, Belgium, Italy and Germany). By choosing to pay via Scalapay, the Customer will be automatically redirected to their Scalapay account. Once the Scalapay payment has been validated, the Customer can complete their order on the Website.
6.6.3 The Customer warrants to PYRENEX that they hold the necessary authorisations to use the payment method they have chosen for their order.
6.6.4 An invoice is automatically sent to the Customer by email.
6.6.5 Finally, in the event of late or non-payment, PYRENEX may suspend all ongoing orders until the situation has been rectified, without prejudice to any other course of action.
6.6.6 Transactions carried out on the Website are secured by the payment system of PYRENEX's partner, the company CIC. All information exchanged to process the payment is encrypted using the TSL protocol. This data cannot be detected, intercepted or used by third parties. At no point does the Customer's financial data pass through PYRENEX's computer system.
In the event of fraudulent use of the Customer's payment methods, the latter is invited, upon becoming aware of such use, to contact the Customer Service department, the contact details of which are set out in article 10.
6.7 Order acknowledgement
Upon completion of payment, the Customer is directed to a page confirming their online purchase. The order only becomes final once it has been confirmed by PYRENEX by the sending of an order confirmation email (containing the contractual information relating to the Products ordered, the billing and delivery addresses, the price paid, the delivery date and the General Terms and Conditions) to the email address provided by the Customer. The archiving of electronic order confirmations sent to Customers is carried out by PYRENEX on a reliable and durable medium. The Customer may download electronic order confirmations from their account.
6.8 Language
The contractual information and General Conditions are presented on the Website in French and English. The English translation of the General Conditions is provided for information purposes only. Only the French version of the General Conditions shall prevail.
6.9 Cancellation, refusal or suspension of the order
6.9.1 PYRENEX reserves the right to cancel or refuse an order from a Customer in the presence of one of the following legitimate grounds:
- non-payment for the order,
- in the event of a dispute with the Customer relating to payment of a previous order, or in cases of abnormal or abusive returns,
- if the quantities of products ordered are abnormally high for a consumer or non-professional customer,
- the information required for payment of the products and/or their delivery is incorrect or cannot be verified,
- the Customer is not 18 years of age,
- in cases of suspected fraud. Due to the increase in credit card fraud, PYRENEX reserves the right either to contact the Customer at the telephone number provided by them in the form completed at the time of the order, or to request a photocopy of the Customer's identity document and/or proof of address, regardless of the order amount.
6.9.2 In the event of late or non-payment, PYRENEX may suspend all ongoing orders until the situation has been rectified, without prejudice to any other course of action.
6.10 Order tracking To track an ongoing order, the Customer can log in to their personal account by going to the "Account" / "Order history" section. In the case of an order placed as a "guest", the Customer can track their order by going to the "guest order tracking" section.
Article 7: delivery
7.1 General provisions
7.1.1 Before placing any order, the Customer must verify that PYRENEX does indeed deliver Products to their country.
7.1.2 Products are delivered to the delivery address or UPS collection point indicated by the Customer when placing their order on the Website.
7.1.3 The Customer is therefore required to take all necessary steps to ensure successful delivery. In this regard, for a home delivery, they are required to provide all information essential to delivery, including the exact address of the delivery location (including access code, floor number, etc.) and their telephone number. In the absence of information essential to delivery, PYRENEX cannot be held liable for a failure to deliver. In such a case, the Products will be returned to PYRENEX and the Customer must contact Customer Services, whose contact details appear in Article 10 below, in order to find out the steps to follow for a new delivery of the ordered Products, which will be invoiced at the standard delivery rates. PYRENEX accepts no liability regarding the time taken by the Customer to collect their Products.
7.1.4 Once the order has been confirmed and as long as the products have not been dispatched, the Customer has the option of contacting Customer Services in order to modify the delivery address. As soon as the Customer has obtained the UPS tracking number for their order, they can log in to the "UPS My Choice" section of their account to modify the delivery address originally provided. Additional shipping charges may, where applicable, be invoiced to them. Finally, the Customer can always modify their default address for future orders by going to the "My Details" section of their account.
7.2 Delivery times
7.2.1 The delivery deadline for each of the Products is indicated to the Customer before placing the order and depends on the nature of the Products ordered, the delivery option chosen, and the geographical area in which the Customer is located. The delivery deadline is reiterated in the email confirming the Customer's order. Delivery of the Products is handled by PYRENEX's carrier UPS.
Except for Products manufactured in France to order (pillows, duvets, mattresses and all other items in the "Home" section) dispatched at a minimum within 6 (six) working days from PYRENEX's processing of the Customer's order, PYRENEX will deliver Product orders accompanied by a delivery note within a maximum period of:
- 3 (three) working days from the processing by PYRENEX of the Customer's order for any order delivered in mainland France (this period will be reduced to 1 day if the Customer selects the UPS Express Saver service),
- 5 (five) working days from the processing by PYRENEX of the Customer's order for any order delivered to Corsica, the French Overseas Departments and Territories (DROM-COM) and other countries.
Subject to validation of the Customer's payment, any order placed on the Website from Monday to Friday before 10 (ten) o'clock will be processed the same day; after 10 (ten) o'clock, it will be processed the following day.
However, any order placed on a Friday after 10 (ten) o'clock, on a Saturday or on a Sunday will be processed the following Monday; it being specified that orders placed on a public holiday will be processed on the next working day.
7.2.2 If the Products have not been delivered by the stated delivery date, the Customer may require PYRENEX to carry out delivery within a reasonable additional period, by recorded delivery letter with acknowledgement of receipt or by email addressed to the Customer Service department, the contact details of which are set out in article 10 below.
In the event that PYRENEX has not performed by the expiry of this second deadline, the Customer may cancel their order by recorded delivery letter with acknowledgement of receipt or by email addressed to the Customer Service department, the contact details of which are set out in article 10 below. The order will then be deemed cancelled from the date of receipt by the Customer Service department of the recorded delivery letter with acknowledgement of receipt or the email notifying it of such cancellation.
In the event that the order is cancelled, the Customer may obtain a full refund of all amounts paid (including delivery charges) within 14 (fourteen) days of the date of receipt by PYRENEX of the recorded delivery letter with acknowledgement of receipt or the email notifying them of this cancellation.
7.2.3 In the event of a delivery delay and if the Products have been dispatched, the Customer may also cancel their order and request a refund for the Products (returned complete, unstained, unused, in their original condition, with their product labels, spare buttons, and accompanied by the original purchase invoice for the Products as well as any instructions or other commercial documents included with the delivery) as well as the return costs
Reimbursement of the Products will then be made within 14 (fourteen) days of receipt by PYRENEX of the returned Products.
In the event that the delay is attributable to the Customer (the delivery address provided by the Customer was incorrect, or the Customer did not collect the parcel within the 15 (fifteen) calendar days given to them under the conditions referred to in Article 7.2.5), the costs of re-sending the parcel will be borne by the Customer.
7.2.4 As soon as the Customer's order is handed over to the carrier, PYRENEX sends the Customer the parcel tracking number by email. By clicking on it, the Customer accesses an interface allowing them to track the progress of their parcel. The parcel number is also available in the "My orders" section of the Customer's account. The Customer will also receive an email reminding them of the delivery address they provided.
7.2.5 In the event of absence at the time of delivery for an order delivered to the home address, a delivery notice is in principle left by UPS. This notice will inform the Customer at which UPS Relay Point they may collect their parcel. In the absence of a delivery notice, PYRENEX recommends that the Customer contact the Customer Service department to check whether their parcel has arrived at the UPS Relay Point. The Customer's parcel will be held at the UPS Relay Point for a period of 15 (fifteen) calendar days from the day following the date on which the delivery notice was left. After this period, the parcel will be returned to PYRENEX. The same applies if the Products were delivered to a UPS Relay Point chosen by the Customer and the latter has not collected them within the allotted time, which is also 15 (fifteen) calendar days from their delivery date, which will be notified to the Customer by email.
7.2.6 In all cases, delivery within the agreed timeframe can only take place if the Customer is up to date with their payments to PYRENEX.
7.3 Receipt of the order and complaints
As delivery of the products is carried out by a service provider chosen by PYRENEX, the products travel at PYRENEX's risk and expense, except in special cases. However, PYRENEX advises the Customer to check the condition of the packaging and the quantity of Products delivered at the time of receipt and to note any reservations in the event of damage and/or missing Products on the delivery note, a copy of which they must retain.
Therefore, if upon delivery the Customer notices that the Products and/or their packaging have been damaged in transit, that some are missing, or that they do not conform to the order, the Customer may refuse delivery or, if accepted, PYRENEX recommends that the Customer note their observations on the delivery note or, failing that, on the invoice, and promptly send a letter or email to the Customer Service department, the contact details of which are set out in Article 10.
In all cases, Article 8 on legal warranties and Article 9 on your right of withdrawal shall apply.
Article 8: general warranties
8.1 The seller guaranteeing the conformity of the Products sold on the Website is:
PYRENEX
A Société par Actions Simplifiée with a share capital of €3,864,920,
Zone industrielle de Péré, 28 rue de Papin
40501 Saint-Sever CEDEX (France)
Tel: + 33 (0)5 58 76 03 40
The consumer Customer benefits from the legal warranties of conformity of the goods with the contract in accordance with the provisions of Articles L.217-3 et seq. of Section 2 (Legal warranty of conformity for goods) of the French Consumer Code and from that relating to defects in the item sold under the conditions set out in Articles 1641 and 1648 of the French Civil Code.
PYRENEX is required to refund or exchange defective Products or Products that do not correspond to the Customer's order.
Products that have been modified and/or repaired by the Customer, or that have been misused by the Customer, are excluded from statutory guarantees.
The Customer is also informed that a Product's unsuitability for the Customer's needs or tastes is never considered to be a lack of conformity of the Product.
The applicable statutory guarantee regulations are reproduced below:
Section 2 of the French Consumer Code
Sub-section 1: Consumer rights
Article L 217-3 of the French Consumer Code The seller delivers goods that conform to the contract as well as to the criteria set out in Article L. 217-5.
The seller is liable for conformity defects existing at the time of delivery of the goods within the meaning of article L. 216-1, which appear within a period of two years from that date.
In the case of a contract for the sale of goods incorporating digital elements:
1° Where the contract provides for the continuous supply of digital content or a digital service for a period of two years or less, or where the contract does not specify the duration of supply, the seller is liable for conformity defects in that digital content or digital service that appear within a period of two years from the delivery of the goods;
2° Where the contract provides for the continuous supply of digital content or a digital service for a period exceeding two years, the seller is liable for any lack of conformity of that digital content or digital service which becomes apparent during the period over which it is supplied under the contract.
For such goods, the applicable period does not deprive the consumer of their right to updates in accordance with the provisions of article L. 217-19.
The seller is also liable, during the same periods, for any lack of conformity resulting from the packaging, assembly instructions, or installation where the latter has been made their responsibility under the contract or has been carried out under their responsibility, or where the incorrect installation carried out by the consumer as provided for in the contract is due to shortcomings or errors in the installation instructions provided by the seller.
This guarantee period applies without prejudice to the Articles 2224 et seq. of the Civil Code. The limitation period for the consumer's action starts from the date on which the consumer became aware of the lack of conformity.
Article L 217-4 of the French Consumer Code
The goods are in conformity with the contract if they meet, in particular, where applicable, the following criteria:
1° It corresponds to the description, type, quantity and quality, in particular with regard to functionality, compatibility, interoperability, or any other characteristic provided for in the contract;
2° It is fit for any particular purpose sought by the consumer, brought to the seller's attention no later than at the time of conclusion of the contract and which the latter has accepted;
3° It is delivered with all accessories and installation instructions that are to be provided in accordance with the contract;
4° It is updated in accordance with the contract.
Article L 217-5 of the French Consumer Code
I. — In addition to the criteria of conformity with the contract, the goods are conforming if they meet the following criteria:
1° It is fit for the purpose normally expected of goods of the same type, taking into account, where applicable, any provision of European Union law and national law as well as all technical standards or, in the absence of such technical standards, specific codes of conduct applicable to the sector concerned;
2° Where applicable, it has the qualities that the seller presented to the consumer in the form of a sample or model prior to the conclusion of the contract;
3° Where applicable, the digital elements it contains are supplied in the most recent version available at the time of conclusion of the contract, unless the parties agree otherwise;
4° Where applicable, it is supplied with all accessories, including packaging, and installation instructions that the consumer may legitimately expect;
5° Where applicable, it is supplied with the updates that the consumer may legitimately expect, in accordance with the provisions of article L. 217-19;
6° It corresponds to the quantity, quality and other characteristics, including in terms of durability, functionality, compatibility and safety, that the consumer may legitimately expect for goods of the same type, having regard to the nature of the goods as well as the public statements made by the seller, by any person upstream in the chain of transactions, or by a person acting on their behalf, including in advertising or on labelling.
II. However, the seller is not bound by any public statements referred to in the preceding paragraph if they demonstrate:
1° That they were not aware of them and could not legitimately have been aware of them;
2° That at the time of conclusion of the contract, the public statements had been corrected in conditions comparable to the initial statements; or
3° That the public statements could not have had any influence on the purchase decision.
III. — The consumer may not contest conformity by invoking a defect relating to one or more particular characteristics of the goods, of which they were specifically informed that they deviated from the conformity criteria set out in this article, a deviation to which the consumer expressly and separately consented at the time of conclusion of the contract.
Article L 217-6 of the French Consumer Code
Where, in connection with the contract, the processing of personal data is carried out by the trader, any breach on their part of the obligations incumbent upon them under Regulation (EU) 2016/679 of 27 April 2016 and Act No. 78-17 of 6 January 1978 on data processing, files and individual liberties, where such breach results in the failure to comply with one or more of the conformity criteria set out in this section, shall be treated as a lack of conformity, without prejudice to the other remedies provided for by those texts.
Article L 217-7 of the French Consumer Code
Conformity defects that appear within a period of twenty-four months from the delivery of the goods, including goods containing digital elements, are, unless proven otherwise, presumed to have existed at the time of delivery, unless this presumption is incompatible with the nature of the goods or the defect invoked.
For second-hand goods, this period is set at twelve months.
Where the contract for the sale of goods containing digital elements provides for the continuous supply of digital content or a digital service, any defects of conformity that appear are presumed to have existed at the time of delivery of the goods:
1° For a period of two years from the delivery of the goods, where the contract provides for supply for a period of two years or less, or where the contract does not specify the duration of supply;
2° For the period during which the digital content or digital service is supplied under the contract, where the contract provides for supply for a period of more than two years.
Sub-section 2: Implementation of the legal warranty of conformity
Article L 217-8 of the French Consumer Code
In the event of a conformity defect, the consumer is entitled to have the goods brought into conformity by repair or replacement, or, failing that, to a reduction in price or termination of the contract, under the conditions set out in this sub-section.
The consumer also has the right to withhold payment of all or part of the price or the delivery of the benefit provided for in the contract until the seller has fulfilled the obligations incumbent upon them under this chapter, under the conditions set out in Articles 1219 and 1220 of the Civil Code.
The provisions of this chapter are without prejudice to the award of damages.
Article L 217-9 of the French Consumer Code
The consumer is entitled to require that the goods be brought into conformity with the criteria set out in sub-section 1 of this section. The consumer requests that the seller bring the goods into conformity, choosing between repair and replacement. To this end, the consumer makes the goods available to the seller.
Article L 217-10 of the French Consumer Code
The goods are brought into conformity within a reasonable period of time that may not exceed thirty days following the consumer's request, and without major inconvenience to the consumer, taking into account the nature of the goods and the use sought by the consumer.
The repair or replacement of the non-conforming goods includes, where applicable, the collection and return of those goods and the installation of the repaired or replacement goods by the seller.
A decree specifies the procedures for bringing goods into conformity.
Article L 217-11 of the French Consumer Code
The goods are brought into conformity at no cost to the consumer. The consumer is not required to pay for the normal use they have made of the replaced goods during the period prior to their replacement.
Article L 217-12 of the French Consumer Code
The seller may not act in accordance with the consumer's chosen remedy if the requested remediation is impossible or entails disproportionate costs, having regard in particular to:
1° Of the value the goods would have had in the absence of the conformity defect;
2° Of the significance of the conformity defect; and
3° The possible option of choosing the other remedy without major inconvenience to the consumer.
The seller may refuse to bring the goods into conformity if doing so is impossible or entails disproportionate costs, particularly with regard to points 1° and 2°.
Where these conditions are not met, the consumer may, after formal notice, pursue forced performance in kind of the remedy originally sought, in accordance with articles 1221 et seq. of the Civil Code.
Any refusal by the seller to proceed in accordance with the consumer's choice, or to bring the goods into conformity, must be given in writing or on a durable medium.
Article L 217-13 of the French Consumer Code
Any goods repaired under the statutory guarantee of conformity benefit from a six-month extension of that guarantee.
Once the consumer has chosen repair but this is not carried out by the seller, bringing the goods into conformity by replacement shall trigger, for the benefit of the consumer, a new statutory guarantee period of conformity attached to the replacement goods.
This provision applies from the day on which the replacement goods are delivered to the consumer.
Article L 217-14 of the French Consumer Code
The consumer is entitled to a reduction in the price of the goods or to termination of the contract in the following cases:
1° Where the trader refuses any remediation;
2° Where the bringing into conformity takes place after a period of thirty days following the consumer's request, or where it causes a major inconvenience to the consumer;
3° If the consumer bears the definitive costs of the collection or removal of the non-conforming goods, or bears the costs of installing the repaired or replacement goods or the costs related thereto;
4° Where the non-conformity of the goods persists despite the seller's unsuccessful attempt at remedying the non-conformity. The consumer is also entitled to a reduction in the price of the goods or to termination of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or termination of the contract. The consumer is then not required to request repair or replacement of the goods beforehand.
The consumer is not entitled to termination of the sale if the lack of conformity is minor, which it is for the seller to demonstrate. This paragraph does not apply to contracts under which the consumer does not make a price payment.
Article L 217-15 of the French Consumer Code
In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to obtain a reduction in the price of the goods. The reduction in price is proportional to the difference between the value of the goods delivered and the value of those goods in the absence of the lack of conformity.
Article L 217-16 of the French Consumer Code
In the cases provided for in Article L. 217-14, the consumer informs the seller of their decision to rescind the contract. They return the goods to the seller at the seller's expense. The seller refunds the consumer the price paid and returns any other benefit received under the contract.
If the lack of conformity concerns only certain goods delivered under the contract of sale, the consumer has the right to rescind the contract in respect of all the goods, including those not covered by this chapter, if it cannot reasonably be expected that the consumer will agree to keep only the conforming goods.
For the contracts referred to in II of Article L. 217-1, providing for the sale of goods and, as an ancillary matter, the supply of services not covered by this chapter, the consumer is entitled to termination of the entire contract. Furthermore, in the case of a bundled offer within the meaning of Article L. 224-42-2, the consumer is entitled to termination of all related contracts.
The respective obligations of the parties to the contract, referred to in Article L. 224-25-22 and relating to the consequences of rescission in respect of digital content and digital services, apply to the rescission of a contract for the sale of goods incorporating digital elements.
Article L 217-17 of the French Consumer Code
The refund to the consumer of the amounts owed by the seller under this sub-section shall be made upon receipt of the goods or proof of their return by the consumer and at the latest within fourteen days thereafter.
The seller shall refund these amounts using the same payment method as that used by the consumer when concluding the contract, unless the consumer expressly agrees otherwise and in any event without any additional charge.
Article 1641 of the French Civil Code
The seller is liable for latent defects in the goods sold that render them unfit for the purpose for which they are intended, or that so diminish that use that the buyer would not have purchased them, or would have paid a lower price for them, had they known of the defects.
Article 1648, first paragraph, of the French Civil Code
The action arising from latent defects must be brought by the buyer within two years of the discovery of the defect. The consumer has two years from the delivery of the goods to enforce the statutory guarantee of conformity in the event of a conformity defect appearing. During this period, the consumer is only required to establish the existence of the conformity defect and not the date on which it appeared.
Where the contract for the sale of goods provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal warranty shall apply to that digital content or digital service throughout the entire period of supply provided for.
During this period, the consumer is only required to establish the existence of the conformity defect affecting the digital content or digital service, and not the date on which it appeared. The statutory guarantee of conformity entails an obligation for the trader, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The statutory guarantee of conformity entitles the consumer to repair or replacement of the goods within thirty days of their request, free of charge and without major inconvenience to the consumer.
If the goods are repaired under the statutory guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee. If the consumer requests repair of the goods but the seller insists on replacement, the statutory guarantee of conformity is renewed for a period of two years from the date of replacement of the goods.
The consumer may obtain a reduction in the purchase price while retaining the goods, or terminate the contract and receive a full refund upon return of the goods, if:
1° The trader refuses to repair or replace the goods;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the goods causes a major inconvenience to the consumer, in particular where the consumer bears the definitive costs of the collection or removal of the non-conforming goods, or bears the installation costs of the repaired or replacement goods;
4° The non-conformity of the goods persists despite the seller's unsuccessful attempt at remedying the non-conformity.
The consumer is also entitled to a reduction in the price of the goods or to rescission of the contract where the lack of conformity is so serious as to justify an immediate reduction in price or rescission of the contract. In that case, the consumer is not required to first request the repair or replacement of the goods. The consumer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period during which the goods are immobilised for repair or replacement shall suspend the remaining warranty period until the goods are returned in working order. The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the French Consumer Code. A seller who acts in bad faith to obstruct the implementation of the legal warranty of conformity is liable to a civil fine of up to €300,000, which may be increased to up to 10% of average annual turnover (Article L. 241-5 of the French Consumer Code).
The consumer also benefits from the statutory guarantee against hidden defects under Articles 1641 to 1649 of the French Civil Code, for a period of two years from the 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.
8.2 Procedures for implementing statutory guarantees
For any return of a non-conforming Product, the Customer must follow the procedure below:
- Warranty claims must be sent by email or by recorded delivery letter with acknowledgement of receipt to the Customer Service department, the contact details of which are set out in article 10 above. The Customer Service department will send the Customer a prepaid UPS label by email. Customers who hold an account may also go to the "order history & details" section of their account, then click on the relevant order number, tick the Product(s) to be returned by entering the reason, and then confirm that page. Once this page has been confirmed, the Customer will receive a confirmation email and will only need to find the nearest UPS Access Point by logging on to https://www.ups.com/dropoff/ to drop off their parcel with the UPS label received with the Products.
- The Products concerned must be returned by the Customer in the condition in which they were received, with all components and accessories (including spare buttons, product labels, etc.) accompanied by the original invoice as well as any instructions or other commercial documents included with the delivery, all in packaging that allows transport in good condition.
The Products must be returned to the following address:
PYRENEX Warehouse, Returns eshop 267 route de Caloy - 40090 Saint-Perdon - France
No Product may be refunded or exchanged before it has been returned, received and checked by PYRENEX.
Once the non-conformity has been confirmed by PYRENEX, the Customer will be offered the choice, free of charge, between:
- or a new delivery in accordance with their order,
- either the repair of the Product(s) concerned or their exchange for identical Products or Products of equivalent value,
- either the cancellation of their order and the refund of all sums paid (price, shipping costs, and where applicable, customs duties and taxes paid). This refund will be made no later than 14 (fourteen) days from the date of dispatch of the email notification confirming non-conformity by the Customer Service department.
In any event, any shipping costs incurred for the return of the Product(s) concerned will be refunded to the Customer. The provisions of this Article 8 do not prevent the Customer from exercising the right of withdrawal provided for in Article 9.
Article 9: right of withdrawal and refund
9.1 A Product cannot be processed under the right of withdrawal directly in PYRENEX stores. It is mandatory to follow the procedure set out in this Article 9.
9.2 The Customer has a right of withdrawal of 30 (thirty) calendar days from the date of receipt or collection of their entire order; i.e. 16 (sixteen) additional days compared to the statutory withdrawal period of 14 (fourteen) days provided for in Article L.222-7 of the French Consumer Code.
During this period, the Customer may withdraw and return all or part of the Products without giving any reason and at no cost, with the exception of delivery charges incurred for the return of products if the Customer chooses a mode of transport other than the UPS Relay point. These return costs shall remain the Customer's responsibility, except where the exercise of the right of withdrawal is due to an error by PYRENEX in preparing the order, or in the event of the implementation of the statutory guarantee referred to in Article 8. Where the 30 (thirty) day period expires on a Saturday, Sunday or public holiday, it is extended to the next working day.
9.3 The right of withdrawal may be exercised as soon as the order is placed, even before the Products have been delivered to the Customer.
9.4 Before returning any Product, the Customer must first:
- either log in to their account and click "request a return" (a link also present at the bottom of each page of the website without needing to log in to their account) and then enter the order number and the email address used when placing the order. They can then tick the Product(s) to be returned, entering a reason for return if they wish;
- -or send an email or letter notifying the Customer Service department, the contact details of which are set out in article 10, of their decision to withdraw by means of a withdrawal form enclosed with each order, a copy of which appears at the end of the General Conditions, or by means of an unambiguous withdrawal statement mentioning the order concerned by that withdrawal.
Once the return request has been acknowledged by PYRENEX (by a confirmation email promptly acknowledging the withdrawal), the Customer shall return the Product(s) concerned within 14 (fourteen) calendar days from the date of receipt of the email confirming that the request has been taken into account, by dropping off their parcel bearing the prepaid UPS return label (previously provided in the original parcel) at one of the UPS Relay points.
In the event of loss of the UPS label, the Customer must contact the Customer Service department, the contact details of which are set out in article 10, to obtain a new one. If the order was delivered to a country in the European Union, PYRENEX provides the Customer with a prepaid UPS return label upon their return request (also sent by email – this label can be printed in the "Returns" section of the Customer's account), and the Customer must drop the parcel off at one of the UPS Access Points. If the order was delivered to the United Kingdom, in addition to this UPS return label, the Customer must attach the document entitled "Proforma invoice" when dropping off at a UPS Access Point. This document is also available in the "Returns" section of the Customer's account.
If the order was delivered to a country outside the European Union and the United Kingdom, the Customer must return the parcel accompanied by the returns form to PYRENEX, by any appropriate means, to the following address:
PYRENEX ENTREPOT, RETOURS ESHOP, 267 route du Caloy, 40090 SAINT-PERDON, France.
In this case, PYRENEX cannot be held liable in the event of loss or damage to the parcel. If the Customer returns the Product(s) by a method of transport other than the UPS Relay Point and bears the return costs accordingly, they may not claim any reimbursement of their re-sending costs from PYRENEX.
In this case, the product(s) must be returned to the following address: PYRENEX ENTREPOT, RETOURS ESHOP, 267 route du Caloy, 40090 SAINT-PERDON, France.
If the Customer wishes to return Products from different orders, they must separate said products into different parcels when sending them back. Any return of Products from different orders that does not comply with this condition cannot be processed within the timeframes set out in the General Conditions.
Any return must be made using the pre-provided UPS return label on the Website and the withdrawal form enclosed with each order, a copy of which appears at the end of the General Terms and Conditions, or alternatively an unambiguous withdrawal declaration, together with all Products subject to the order with which the Customer is not satisfied.
9.5 Products returned to PYRENEX must be properly protected, in their original packaging (packaging that has been carefully opened will not be considered damaged packaging) and in perfect resalable condition (not damaged, not broken, complete, unused, or unspoiled by the Customer).
Products returned that are notably incomplete, damaged, broken, stained, or soiled by the Customer, or that have been visibly used by the latter, will not be accepted. If the return is refused by PYRENEX, the Products will be returned to the Customer at PYRENEX's expense, without the Customer being entitled to claim any compensation or right to a refund, with the exception of the subsequent exercise of their warranty rights over the products sold as provided for in article 8.
9.6 Only the price of the returned Product(s) will be refunded. Therefore, if the order contains several Products and the Customer wishes to return only some of them, the initial delivery charges (express delivery, for example) will not be refunded.
This refund will be made as soon as possible and at the latest within 14 (fourteen) days following the date of receipt of the Products by PYRENEX. The refund for these Products will be made using the original payment method used by the Customer at the time of purchase. No cash-on-delivery returns will be accepted regardless of the reason.
9.7 However, in accordance with Article L.221-28 3° of the French Consumer Code, the right of withdrawal may not be exercised by the Customer where the Product has been manufactured, modified, or adjusted to the Customer's specifications or clearly personalised at their request.
Article 10: Customer service
The PYRENEX Customer Service team is available to the Customer for any questions relating to their order, payment and the monitoring of commercial relations. The Customer Service team can be contacted:
- by telephone on +33 (0) 5 47 31 90 00 (number not subject to surcharge from a landline in France), Monday to Friday, from 9:00 to 12:30 and 13:30 to 17:30 (16:30 on Fridays). - By email: eshop@pyrenex.fr,
- by post: PYRENEX - Eshop Customer Service - Zone Industrielle Péré rue Papin – BP 20029 - 40501 Saint Sever CEDEX - France
Article 11: personal data processing – cookies
The information collected during the Customer's visits to the Website, when creating their account and during the placement of their orders, is subject to automated processing declared to the CNIL.
The Customer is invited to refer to the "Personal Data Protection Policy" section of the Website for all necessary information regarding the processing of their personal data and PYRENEX's cookie policy.
Article 12: liability
12.1 pyrenex is fully liable to the customer for the proper fulfilment of the Product orders placed on the Website.
However, PYRENEX shall not have failed in its contractual obligations to the extent that their performance has been delayed, hindered or prevented by a fact attributable to the Customer or resulting from the fault of the latter, or from the unforeseeable and insurmountable act of a third party. The same shall apply in the presence of any inconvenience or damage inherent in the use of the internet network in accordance with Article 5.4, or in the event of force majeure as defined in Article 13.
12.2 The Products offered on the Website comply with applicable French and European legislation and regulations. PYRENEX's liability cannot be engaged in the event of non-compliance with the legislation of another country, where the Customer accesses the Website from other countries.
Likewise, PYRENEX cannot guarantee that the Products ordered will meet all of the Customer's expectations, but only that they will conform to the essential characteristics of the goods as described on the Website.
In this regard, the Customer is reminded to refer to the description of each Product on its product page to find out its characteristics, and in the event of doubt or if further information is required, to contact the Customer Service department, the contact details of which are set out in Article 10.
Article 13: force majeure
PYRENEX shall not be deemed to have failed its contractual obligations where the performance thereof is delayed, hindered or prevented by a case of force majeure as defined by Article 1218 of the French Civil Code.
In such an event, PYRENEX will inform the Customer of the occurrence of such an event within 3 (three) working days of its occurrence, by email. After a period of 30 (thirty) days and in the event that the force majeure event persists, the sale of the Product will be cancelled and the price will be refunded within a maximum period of 14 (fourteen) days.
Article 14: intellectual property and commercialisation of products
14.1 All trademarks, logos, other distinctive signs, visuals, photographs, texts, comments, illustrations, drawings and images reproduced or represented on the Website are protected by copyright and intellectual property rights for the full duration of such protection and worldwide. As such, and in accordance with the provisions of the French Intellectual Property Code, only use for private purposes is authorised, subject to different or more restrictive provisions of the French Intellectual Property Code. Any total or partial reproduction, representation, modification or adaptation of these elements and/or of the Website is therefore strictly prohibited without the prior written consent of PYRENEX.
14.2 The Customer undertakes not to use the Products, the content of the Website or any of the information brought to their attention in a manner likely to infringe the rights of PYRENEX or its partners, and to ensure that such use never constitutes an act of infringement or unfair competition.
Article 15: applicable law – mediation – disputes
15.1 THE INTERPRETATION AND PERFORMANCE OF THE GENERAL TERMS AND CONDITIONS, AS WELL AS ALL ACTS AND AGREEMENTS THAT MAY RESULT FROM OR BE A CONSEQUENCE OF THEM, INCLUDING ALL CLAIMS AND DISPUTES BETWEEN THE PARTIES, SHALL BE GOVERNED BY FRENCH LAW, REGARDLESS OF THE CUSTOMER'S NATIONALITY AND ADDRESS.
15.2 IN THE EVENT OF A DISPUTE, AN AMICABLE SOLUTION WILL BE SOUGHT. TO THIS END, THE CUSTOMER IS REQUESTED TO CONTACT IN WRITING THE CUSTOMER SERVICE DEPARTMENT, THE CONTACT DETAILS OF WHICH ARE SET OUT IN ARTICLE 10 ABOVE, PROVIDING THEIR SURNAME, FIRST NAME, ADDRESS, EMAIL ADDRESS AND ORDER REFERENCE.
15.3 IF NO AMICABLE AGREEMENT CAN BE REACHED BETWEEN THE CUSTOMER AND PYRENEX, THE CUSTOMER MAY, WITHIN A PERIOD OF LESS THAN ONE YEAR FOLLOWING THEIR WRITTEN COMPLAINT TO THE CUSTOMER SERVICE DEPARTMENT, REFER, FREE OF CHARGE, BY ORDINARY LETTER OR BY EMAIL, TO A CONSUMER MEDIATOR. THE MEDIATOR IS NEITHER A JUDGE NOR AN ARBITRATOR; THEY ARE A NEUTRAL, IMPARTIAL AND INDEPENDENT THIRD PARTY, INDEPENDENT OF PYRENEX. TO THIS END, PYRENEX OFFERS THE CUSTOMER THE USE OF THE E-COMMERCE MEDIATOR SERVICE OF THE FEVAD (FEDERATION OF E-COMMERCE AND DISTANCE SELLING), WHOSE CONTACT DETAILS ARE AS FOLLOWS: 60 RUE LA BOETIE - 75008 PARIS – HTTP://www.mediateurfevad.fr.
THIS MEDIATION PROCEDURE MAY ONLY BE INITIATED IF CUSTOMER SERVICES HAS NOT RESPONDED SATISFACTORILY TO THE CUSTOMER'S WRITTEN REQUEST. REGARDLESS OF THE MEANS USED TO REFER THE MATTER TO THE MEDIATOR, THE CUSTOMER'S REQUEST MUST CONTAIN THE FOLLOWING ELEMENTS IN ORDER TO BE PROCESSED PROMPTLY: THEIR POSTAL AND TELEPHONE DETAILS, EMAIL ADDRESS, AS WELL AS THE FULL NAME AND ADDRESS OF PYRENEX, A BRIEF STATEMENT OF FACTS, AND PROOF OF THE PRIOR STEPS TAKEN WITH PYRENEX. TO FIND OUT HOW TO REFER THE MATTER TO THE MEDIATOR: http://www.mediateurfevad.fr/index.php/espace-consommateur/
ONLINE DISPUTE RESOLUTION PLATFORM: THE EUROPEAN COMMISSION HAS SET UP AN ONLINE DISPUTE RESOLUTION PLATFORM, FACILITATING THE INDEPENDENT OUT-OF-COURT SETTLEMENT OF ONLINE DISPUTES BETWEEN CONSUMERS AND PROFESSIONALS IN THE EUROPEAN UNION. THIS PLATFORM IS ACCESSIBLE AT THE FOLLOWING LINK: HTTPS://EC.EUROPA.EU/CONSUMERS/ODR/.
15.4 IN THE EVENT THAT NO AMICABLE AGREEMENT CAN BE REACHED, AND WHERE ANY POSSIBLE MEDIATION HAS FAILED, ANY DISPUTE LIKELY TO ARISE FROM THE INTERPRETATION AND PERFORMANCE OF THE GENERAL CONDITIONS, AS WELL AS FROM ALL ACTS AND AGREEMENTS THAT MAY RESULT FROM OR BE A CONSEQUENCE THEREOF, SHALL BE SUBMITTED EXCLUSIVELY TO THE COMPETENT FRENCH COURTS, EVEN IN THE EVENT OF AN APPEAL IN WARRANTY, A PLURALITY OF DEFENDANTS OR AN INCIDENTAL CLAIM.
Article 16: Pyrenex e-Gift Card
The Pyrenex e-Gift Card is valid for 12 (twelve) months from its date of purchase and is used in a single transaction on the Website when placing the online order by entering the promotional code received by the recipient of the e-card by email or on a printed paper, supplemented if necessary with a payment method accepted on the Website.
The Pyrenex e-Gift Card cannot be exchanged, resold, or refunded, even partially, nor credited to a card, a bank account, or another e-gift card, nor be subject to a discount, and cannot give rise to any change being given. It is neither replaced nor refunded in the event of loss or expiry.
The purchase of Products using Pyrenex e-gift cards on the Website may be made by combining several e-gift cards up to a limit of €3,000.
Article 17: entirety
In the event that any clause of these General Terms and Conditions of Sale is rendered null and void by a change in legislation, regulation, or by a court decision, this shall in no way affect the validity of and compliance with the remaining general terms and conditions of sale and use.
Article 18: code of ethics
PYRENEX declares that it complies with the FEVAD Code of Ethics, of which it is a member, by clicking on the following link (https://www.fevad.com/code-deontologique-du-e-commerce-et-de-la-vente-a-distance/).
Withdrawal form
Please complete and return this form only if you wish to withdraw from your order. Either by recorded delivery letter addressed to the Customer Service department of PYRENEX- Zone Industrielle Péré rue Papin – BP 20029 - 40501 Saint Sever CEDEX - France or by email to the following address: eshop@pyrenex.fr.
I hereby notify you of my withdrawal from my order no. …………… relating to the sale of the Product(s) below:
Ordered on (*)/collected on (*):
Consumer's name:
Consumer's address:
Consumer's signature (only in the event of notification of this form on paper):
Date:
(*) Delete as appropriate.