PREAMBLE
The General Terms and Conditions of Sale of the company YROL—comprising both this Preamble and the clauses that follow—are entered into between, on the one hand, LE METALIST (as described in the “Legal Notice” document) and, on the other hand, the Client (referring to the person who placed an order for a Product offered for sale via the “www.lemetalist.fr” website (the Site) or following a quote prepared based on a custom request).
The Legal Notice available on the Website applies to orders placed through the Website by the Customer and to Quotations accepted by the Customer. No other contractual provision contained in documents sent or provided by the Customer may be incorporated into these Terms and Conditions of Sale. Only LE METALIST’s express acceptance of any such document shall make it enforceable against LE METALIST.
The Customer may be a consumer, a non-professional or a professional. However, only consumers and non-professionals benefit from the specific rights set out, in particular, in the French Consumer Code. Conversely, where the Products defined below are purchased through the Website for professional purposes, the Customer acknowledges that these specific rights may not apply.
The Customer declares that they have the legal capacity to enter into a contract.
Customers residing outside France who wish to place an order through the Website must verify that the laws applicable to them allow them to carry out such transactions. The existence of the Website cannot be considered an act of solicitation, and the contract concluded between the Customer and LE METALIST is a distance contract.
1 – PURPOSE
These Terms and Conditions of Sale define the conditions under which an order is placed for one or more Products presented on the Website and defined in Article 2 below.
2 – PRODUCTS PRESENTED ON THE WEBSITE
The Products presented on the Website are manufactured and distributed by LE METALIST through the online shop (the “Products”). The name of each Product identifies its essential characteristics.
Each Product is, in principle, made to order according to the Customer’s requirements (materials, thicknesses, patterns, colours, etc.).
In certain cases, Products that have already been manufactured may also be offered for sale.
With regard to patterns that may be reproduced on a Product, some are offered online by LE METALIST and may be selected by the Customer from the library made available to them.
The Customer may also choose to use their own pattern, which they can upload to the appropriate section of the Website. In this case, the Customer expressly declares that they hold all applicable intellectual property and copyright rights relating to the pattern concerned and shall indemnify LE METALIST against any third-party claim, particularly in the event of infringement. LE METALIST is not responsible for verifying whether the Customer is authorised to use the pattern.
2.3 – In all cases, the Customer is informed that the Product delivered may sometimes differ slightly from its presentation on the Website. Without limitation, such differences may result from the colour quality of photographs, the difficulty of accurately displaying materials on a screen, or technical adaptations required for manufacturing. Such differences shall not be considered defects in conformity and shall not entitle the Customer to cancel the sale, except where the differences concern an essential characteristic of the Product and affect its quality.
3 – ORDERS AND QUOTATIONS
The Customer may place an order through the Website, in French, or submit a specific request using the form.
Through the Website, the Customer enters the required Product specifications, such as material, finish, dimensions, etc. An estimated price is provided and must subsequently be confirmed by LE METALIST in a Quotation.
The Customer validates their order, enters their contact details and accepts these Terms and Conditions of Sale.
For requests submitted through the form, the Customer’s specific requirements will be used to determine the subject matter of the order.
The order is received electronically by LE METALIST, which reviews it, confirms the price and specifies the delivery time and delivery arrangements (the “Quotation”). The Quotation is sent to the Customer by email for acceptance by return email and payment.
If the order needs to be modified, LE METALIST will contact the Customer.
The sales contract is validly formed once the Quotation has been confirmed by the Customer by return email. The Quotation is valid for 14 days from the date on which it is sent to the Customer’s email address.
An email containing these Terms and Conditions of Sale will be sent to the Customer (where the Customer is a consumer or non-professional) in order to confirm conclusion of the contract on a durable medium. This confirmation email will also contain the order number and the information required under Article L221-5 of the French Consumer Code.
The Customer is therefore strongly advised to retain this acknowledgement email.
LE METALIST undertakes to use its best efforts to fulfil orders. However, for Products that have already been manufactured, LE METALIST can fulfil this obligation only within the limits of available stock.
In the event that a Product is out of stock, LE METALIST will inform the Customer as soon as possible.
Electronic records stored in LE METALIST’s computer systems under reasonable security conditions shall be considered evidence of communications, orders and payments between the Parties. Purchase orders and invoices are archived on a reliable and durable medium that may be produced as evidence, which the Customer expressly acknowledges.
4 – PRICING
Prices displayed on the Website are provided for information purposes only.
Only the price stated in the Quotation constitutes an offer by LE METALIST.
5 – PAYMENT
Full payment for the order must be made upon acceptance of the quote. Receipt of payment by LE METALIST triggers the preparation of the order and its subsequent entry into production.
Any payment made by the Customer prior to delivery shall not be considered a deposit or earnest money.
The preparation of the order and the sending of the Product will only be processed by LE METALIST following receipt of the check, transfer or payment via the site.
LE METALIST reserves the right to refuse to make a delivery or fulfil an order placed by a Customer who has not paid the current order in full, has failed to pay all or part of a previous order, or with whom a dispute is currently being handled.
LE METALIST reserves the right to implement an order verification procedure to ensure that no person uses another person’s bank details without their knowledge. As part of this verification, the Customer may be asked to send LE METALIST by email or post a copy of an identity document, proof of address and a copy of the bank card used for payment. When providing a copy of the bank card, only the first four and last two digits of the number on the front must remain visible, while the security code and any full card number appearing on the reverse must be concealed. The order will only be validated after the documents provided have been received and verified.
Retention of title
LE METALIST retains ownership of the Products sold until full and effective payment of the principal price and any ancillary amounts. Failure to make payment, even partially, may result in LE METALIST reclaiming the Products.
6 – DELIVERY
6.1 – DELIVERY METHOD
The different methods available for delivery of the Product and their conditions are detailed on the Website or in the Quotation.
In the event of an incomplete or incorrect address, refusal of the parcel by the recipient, or any other lack of information concerning the delivery location, LE METALIST cannot be held responsible for the final quality of the Products concerned by the delivery.
Likewise, if the recipient is absent, LE METALIST cannot be held responsible for the final quality of the Product.
In the event of an incorrect delivery address, access difficulties at the delivery location or any other issue requiring a new delivery, the new delivery may be invoiced at actual cost. The new delivery will only take place once these additional costs have been paid.
6.2 – COUNTRIES TO WHICH WE DELIVER
Details of the countries to which delivery is available can be found on the Website.
Customs duties, other local taxes, import duties, or state taxes may be payable. These shall be borne by the Customer and are their sole responsibility, both in terms of declarations and payment to the competent authorities and/or bodies in their country.
6.3 – RECEIPT OF THE PRODUCT
When placing the order, or subsequently but before delivery, the Customer may appoint a third party to receive the Product on their behalf.
6.4 – DELIVERY TIMES
6.4.1 – Delivery times only begin once full payment for the order has been received. They are expressed in working days and are normally specified in the Quotation. In general, delivery within the stated timeframe can only take place if the Customer has fulfilled all their contractual obligations towards LE METALIST.
In accordance with Articles L216-1 et seq. of the Consumer Code, in the absence of a delivery date or timeframe agreed upon by the parties, LE METALIST shall deliver the Product without undue delay and no later than thirty days after the conclusion of the contract.
6.4.2 – If the delivery deadline is not met, a Customer who is a consumer or non-professional may require LE METALIST to perform its obligations within an additional period. Formal notice must be sent by registered letter with acknowledgement of receipt to the following address: Société YROL SAS – 22 Rue de la Cantinais – 44750 QUILLY – France. If LE METALIST fails to perform within this additional period, the contract may be terminated by written notice sent under the same conditions
6.5 – TERMINATION
If the sales contract is terminated under the conditions described above, LE METALIST undertakes to reimburse a Customer who is a consumer or non-professional for all sums paid within 14 days of termination of the sales contract.
6.6 – DELIVERY PROBLEMS CAUSED BY TRANSPORT
Any issue relating to delivery (damage, Product missing compared with the delivery note, damaged parcel, broken Products, etc.) must be clearly noted by hand on the delivery note and accompanied by the signature of the Customer or the third party appointed to receive the Product in accordance with Article 6.3.
The Customer or appointed third party must describe any reservations as precisely as possible, for example: “box damaged on left-hand side”, “scratch” or “impact mark”. A general statement such as “subject to unpacking / satisfactory operation” will not be accepted in the event of a dispute.
For such reservations to be taken into account, the Customer must confirm the issue by sending the carrier a registered letter with acknowledgement of receipt within three working days following the delivery date, setting out the claim. A copy of this letter must be sent by email to: service.clients@lemetalist.fr
6.7 – PRODUCT MISSING FROM DELIVERY OR DELIVERY NOT IN ACCORDANCE WITH THE ORDER
If the Customer finds that a Product is missing from the carrier’s delivery or that the parcel does not correspond to the order, they must contact LE METALIST by email at service.clients@lemetalist.fr within 48 working hours following delivery, stating their order number.
Where a Product is missing, LE METALIST will deliver the missing Product as soon as possible without additional delivery charges.
If the delivery does not comply with the order, LE METALIST will arrange for the Product to be handled in accordance with the procedure described in Articles 8 and 9 below.
7 – RIGHT OF WITHDRAWAL
7.1 – CUSTOM-MADE PRODUCTS – NO RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L221-28 3° of the Consumer Code, “the right of withdrawal cannot be exercised for contracts for the supply of goods made to the consumer’s specifications or clearly personalized.” As the Products offered on the Site are made to measure, the Customer therefore has no right of withdrawal.
7.2 – PRE-MANUFACTURED PRODUCTS – EXERCISING THE RIGHT OF WITHDRAWAL
7.2.1 – A Customer who is a consumer or non-professional has 14 calendar days from the date on which the Product is received by the Customer or a third party appointed by them (Article 6.3), or from the date on which the last Product is received where an order contains several Products delivered separately, to exercise their right of withdrawal in accordance with Article L221-18 of the French Consumer Code.
7.2.2 – A Customer who is a consumer or non-professional may exercise this right using the withdrawal form provided at the end of these Terms and Conditions of Sale, or by sending an email clearly stating their intention to withdraw to service.clients@lemetalist.fr. LE METALIST will acknowledge receipt of the withdrawal request by email to the address provided by the Customer.
7.2.3 – This right of withdrawal may be exercised without penalty, with the exception of the return shipping costs, which shall be borne exclusively by the Customer.
7.2.4 – The Product must be returned in its original packaging and in a condition allowing it to be offered for sale again, within a maximum period of 14 days from the date on which the decision to withdraw is communicated, to: YROL – 22 Rue de la Cantinais – 44750 QUILLY – France.
7.2.5 – Only Products returned complete, including accessories and original packaging, and accompanied by the duly completed return form provided upon request, will be accepted.
The transport packaging may, however, be changed if it is not essential to the Product’s packaging and subsequent resale.
Any Product that has been used, damaged or is no longer suitable for resale will not be refunded.
7.2.6 – LE METALIST undertakes to issue the refund using the same payment method as that used for the original transaction, unless the Customer expressly requests otherwise. The refund will be processed upon receipt of the Product in perfect resale condition, as specified above, at the address provided by LE METALIST. The refund may be processed earlier upon presentation of proof that the Product has been dispatched.
8 – AFTER-SALES SERVICE – STATUTORY WARRANTY
8.1 – AFTER-SALES SERVICE
To assist the Customer after purchasing a Product, LE METALIST provides a non-premium-rate after-sales telephone number and a contact form available on the Website.
8.2 – STATUTORY WARRANTY
All products sold are covered by the statutory provisions regarding the warranty against hidden defects (Articles 1641 et seq. of the Civil Code) and the statutory warranty of conformity (Articles L217-3 to L217-20 of the Consumer Code). The warranty applies upon presentation of the purchase invoice. Defects or damage resulting from normal wear and tear, improper use, or modifications not authorized or specified by LE METALIST and/or the manufacturer are excluded from the warranty.
It is recalled that the statutory warranty does not apply where damage results from a cause external to the Product (accident, impact, etc.) or from the Customer’s actions, such as failure to comply with the Product’s instructions for use.
8.3 – To make a warranty claim, the Customer must send an email to LE METALIST at service.clients@lemetalist.fr, clearly stating their intention to invoke the warranty and specifying the order number. LE METALIST will acknowledge receipt by sending an email to the address provided by the Customer. The Product must be shipped to the following address, accompanied by the duly completed return form (provided upon request): Société YROL SAS – 22 rue de la Cantinais – 44750 QUILLY.
For any warranty claim, the parcel must be accompanied by a copy of the invoice and a letter explaining the issue.
9 – RETURN COSTS
Exclusively in the case of the statutory warranty, where the Product is found to have a latent defect or lack of conformity and the warranty is invoked, the return costs incurred by the Customer in connection with the warranty claim, as well as the costs of reshipping the Product, shall be borne by LE METALIST. If the warranty claim is not accepted, the Product will be returned at the Customer’s expense.
In accordance with Articles L221-5 and L221-23 of the Consumer Code, the consumer customer is informed, prior to the conclusion of the contract, that they bear the direct costs of returning the Product in the event of exercising their right of withdrawal, unless LE METALIST agrees to cover these costs.
10 – LIABILITY
LE METALIST is automatically liable for the proper performance of the Quotation once it has been accepted by the Customer, within the specified timeframe.
However, LE METALIST may be released from all or part of its liability where improper performance or non-performance results from a cause attributable to the Customer, an event of force majeure, or an unforeseeable and unavoidable act of a third party to the contract.
11 – RECORD KEEPING – EVIDENCE
Computerized records, kept under reasonable security conditions, shall be considered proof of the communications, orders, and payments exchanged between the parties.
Orders, quote confirmations, and invoices are archived on a reliable and durable medium that ensures their integrity and preservation.
LE METALIST’s electronic records shall be considered by the Parties as evidence of communications, orders, payments and transactions between them.
The Customer may request access to archived information by contacting service.clients@lemetalist.fr
12 – MISCELLANEOUS PROVISIONS
In general, the Customer and LE METALIST expressly agree that information may be exchanged by email.
LE METALIST’s correspondence address shall be contact@lemetalist.fr
These Terms and Conditions of Sale may be amended by LE METALIST at any time in order to reflect, on the one hand, any applicable legislative or case-law developments, particularly in relation to e-commerce, and, on the other hand, any technical or technological developments improving the Website.
If any provision of these Terms and Conditions of Sale is found to be invalid, it shall be deemed unwritten, without affecting the validity of the remaining contractual provisions.
Any tolerance or waiver by either Party in relation to the application of all or part of the obligations arising under these Terms and Conditions of Sale, regardless of its frequency or duration, shall not constitute an amendment to these Terms and Conditions of Sale or create any right whatsoever.
13 – DISPUTE RESOLUTION
These Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the consumer client must first submit a written complaint to LE METALIST in order to seek an amicable solution.
If the dispute could not be resolved directly with LE METALIST following this complaint, the consumer client may, free of charge, have recourse to the consumer mediator to which LE METALIST is subject, in accordance with the provisions of the Consumer Code:
[MEDIATOR’S NAME]
[MEDIATOR’S ADDRESS]
[MEDIATOR’S WEBSITE]
The client and consumers may refer the matter to the mediator in accordance with the procedures specified on the mediator’s website.
If the Client is a business entity, exclusive jurisdiction is assigned to the Commercial Court of Nantes, subject to applicable mandatory legal provisions.
Last updated: 05/10/2023
