CYRA LYDO GENERAL TERMS OF TRADING

CYRA LYDO GENERAL TERMS OF TRADING

Extract

1. GENERAL CLAUSE

The present general terms of trading are the only applicable and replace any other provisions unless prior, express and written derogation granted by CYRA LYDO. Any order placed by the buyer by fax, e-mail, telephone, in our outlets or on our trading website implies by right that he is aware and acknowledges the general terms of trading hereunder.

CYRA LYDO reserves its right to update annually or periodically its general trading terms; they take effect from their publication on line in our website, and the customer is requested to read them before placing any order.

2. PRODUCTS

The products marketed by CYRA LYDO are those listed in our catalogues as well as on our trading website, and this within the limitations of available stocks. Product photographs are not binding. Should any mistake appear on the photographs, in the prices or texts, the liability of CYRA LYDO shall not be involved.

In the event that any product is unavailable, or discontinued by its supplier, CYRA LYDO may substitute such product by a similar item of at least equivalent value and quality. The buyer will be informed at the latest at the time of delivery of the order, and may request the refund of such product(s) if he does not wish to retain it/them. For this purpose, the buyer must return the substituted product, unused and in its original packaging, to CYRA LYDO at Villers-sur-Marne, specifying the reasons of such returns as well as the order number.

3. PRICES

The prices mentioned in our catalogues as well as on our website are in Euros and before tax, ex-outlets and to addresses in France mainland. Our prices are based on the daily rate, and may be reviewed according to the variation of exchange rates, labour and raw material costs and other and this prior to the execution of an order.

The VAT rate is that applicable on the date of the order.

Prices do not include carriage costs outlined in Article 5 of the present general terms.

CYRA LYDO reserves its right to adjust its prices at any time, but the products will be invoiced on the basis of the tariff in force at the time the order is registered. However, orders to be delivered in term or postponed at the customers request may be subjected to the tariffs in force on the day of shipment.

Quotations and commercial offers that we issue pursuant to your request on furniture and large equipment, carriage included or not, are valid for 2 months. After this deadline, we reserve the right to review the prices and carriage costs.

4. PAYMENT

All our sales are payable cash and without discount, failing any special agreement between the parties for delivery in term or specific conditions.

Any maturity date not met within the deadlines accepted by our Company will lead to the collection of 1.5% of the amount of the invoice per month and, in addition, the sum of 16.00 Euros ex-VAT to cover fixed costs.

In the event of protective, recovery or judicial liquidation procedure, CYRA LYDO will be entitled, if there is any outstanding debt, to demand the return of the goods and/or equipment delivered. Should the customer cancel an order accepted by CYRA LYDO, the down payments made to CYRA LYDO will be retained, without prejudice however to the rights of our Company to seek compensation for the detriment it may suffer from such cancellation.

Payment methods:

Order placed by post, fax and telephone: cheque, bank transfer and bank card.

Orders for overseas departments and territories, Europe and export: bank transfer or cheque payable in Paris.

Order placed through our trading website: cheque, bank card and bank transfer.

In any case, CYRA LYDO reserves its right to decline any order or delivery if the credit limits outlined as preamble on its trading website are exceeded (1), if there is an ongoing dispute with the buyer, if a previous order by the buyer remains unpaid in part or in whole, if the banking institutions decline a payment by card, in the event of non payment or partial payment not authorised, use of a bank card not issued by a French financial institution, or for any other reason affecting the validity of the payment offered by the buyer. Under no such circumstance may the liability of CYRA LYDO be challenged.

5. DELIVERY

See delivery reception.

5-4 Compliance with delivery delays:

CYRA LYDO makes every effort to comply with the delivery delays mentioned above and on the page 126. However, we cannot be held responsible for the consequences subsequent to a delivery delay or a loss of parcels caused by a third party or yourselves. CYRA LYDO is discharged from any delivery obligation due to any force majeure event and, generally, to any other event over which it has no control such as industrial action, machine stoppage and incident, fire, procurement impediment, transport interruption, natural disaster, terrorist attack, etc.

Should a delivery not be received within the delays mentioned, an enquiry is made to the carrier and may take several days or weeks. During such period, no refund or new shipment can be made.

Generally, delivery delays given at the time of order are strictly indicative, and potential deferrals do not entitle the buyer to cancel the order, decline the delivery or claim any deduction, compensation, penalties or damages.

6. DELIVERY RECEPTION

In order to prevent any dispute, any reception of goods must be subjected to inspection and immediate and complete unpacking in the presence of the deliveryman. Should the latter refuse to attend, note on the receipt "DELIVERYMAN REFUSED TO ATTEND UNPACKING". The mentions "subject to unpacking" or "subject to inspection" have no value in the event of a dispute.

In the event of damage to the goods delivered or missing item(s), it rests with the customer to make any required reservations to the carrier.

Any product not subjected to reservations by recorded letter with proof of delivery to the carrier within 3 days of its reception, in compliance with Article L.133-3 of the Commercial Code, with a copy simultaneously sent to our Company, will be deemed to have been accepted by the customer.

Whichever transport mode is selected, the consignee will take all measures required by Law under threat of involving his own liability. Goods travel at the risks of the consignee from the moment they leave our warehouses.

In the event of patent non compliance, the return of the goods concerned may only be accepted in their original state, i.e. in particular with their packaging, accessories and instructions. The return costs are borne by the buyer.

7. RESERVATION OF TITLE

Its is agreed that, in application of the provisions of the Law L No. 80-335 dated 12 May 1980, CYRA LYDO retains the property of the goods sold and described in the contractual documents until their payment in full. The buyer undertakes to allow at any time the identification and claiming of the merchandise, and that the goods in stock are deemed to be pertaining to those unpaid.

The responsibility for deterioration, loss or theft of the equipment and products will be transferred to the customer upon delivery.

8. GUARANTEE

Our equipment and electrical appliances are generally guaranteed for 1 year (unless otherwise specifically stated in the catalogue or by the supplier) against any manufacturing defect; labour and travel or carriage costs remain borne by the customer. This guarantee does not cover the defects and deteriorations caused by natural wear or by an external event (incorrect assembly, abnormal use, accident, fall, fire ), or by an unplanned modification of the product.

The repair, modification or replacement of parts during the guarantee period may not lead to an extension of the equipment guarantee.

9. DISPUTE

Should a dispute could not be solved amicably despite all the efforts made by CYRA LYDO to satisfy its customers, the Paris courts would be solely competent.

CYRA LYDO. Tout pour votre Beauté

Distribution & commercialisation : Produits de coiffure - Produits d'esthétique - Produits de beauté - Produits de cosmétique - Maquillage - Mobilier de coiffure et d'esthétique.

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