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General conditions of use and sale, privacy policy.
TERMS OF USE
Access to and use of this website are subject to the following terms of use (the "TOU"). By using this website, you undertake to comply with the TOU. This website has been developed and is operated by Metallurgical Establishments Emile Maurin SAS ("Metallurgical Establishments Emile Maurin", "we", "us", or "our"). Metallurgical Establishments Emile Maurin reserves the right, at any time and without prior notice, to suspend or modify all or part of the website and to amend the TOU and its Terms and Conditions of Sale (the "T&C"). Consequently, we recommend that you consult the TOU each time you visit the website and note any changes or amendments that may have been made to them.
1. Permission for Use
Metallurgical Establishments Emile Maurin owns all of the details, documents, and illustrations published on this website. Permission to use these details, documents, and illustrations is granted, subject to the inclusion of a copyright notice on all copies, for personal, non-commercial purposes, without any modification whatsoever, and subject to the requirement that the illustrations featured on the website not be reproduced without their accompanying text.
2. Trademarks and Copyright
Unless otherwise noted, or unless they can be clearly identified as belonging to a third party, all trademarks featured on this website are owned by or licensed to Metallurgical Establishments Emile Maurin. Unauthorised use of these trademarks or other documents is strictly prohibited and constitutes an act of copyright infringement, trademark infringement, or intellectual property infringement.
3. Limited Warranty
The detailed information provided on this website has been compiled by Metallurgical Establishments Emile Maurin, to the best of its knowledge and with a high standard of professional diligence, using internal and external sources. We make our best effort to substantiate and regularly update this information.
The information provided on this website is provided solely for the purpose of describing Metallurgical Establishments Emile Maurin and its products and services. No representations or warranties are made, whether express or implied, regarding the quality, update status, exhaustiveness, or accuracy of the information present on this website.
Accordingly, we recommend that you verify the information obtained on this website before using it in any way whatsoever. The advice provided on the website does not prevent you from verifying, on your own, whether our products are suitable for the purpose and manner in which you intend to use them. When you access the website and its content, you accept that you are doing so under your own responsibility.
Neither Metallurgical Establishments Emile Maurin nor any third party involved in writing, producing, or transmitting this website shall be held liable for any damage or injury, whether financial, physical, or intellectual, of any kind whatsoever in relation to a user's access to or use of (or a user's inability to access or use) this website, or for damage resulting from the trust you place in the information provided on this website.
4. Third-Party Links/Websites
This website contains links/references to third-party websites. Use of these links in no way implies Metallurgical Establishments Emile Maurin's approval of their content or any acceptance by Metallurgical Establishments Emile Maurin of liability for the availability or content of these websites. Metallurgical Establishments Emile Maurin cannot be held liable for any damage or physical injury of any kind resulting from the use of third-party content. Links to other websites are provided to users for information purposes only. Users visit them at their own risk.
5. Personal Information Provided by the User
Users of this website are wholly responsible for the content and accuracy of the information that they send to Metallurgical Establishments Emile Maurin, as well as for ensuring that they respect any rights that third parties may have to this information. You accept that Metallurgical Establishments Emile Maurin can store and use this information for statistical measurement and analysis and for any other specific commercial purpose, subject to compliance with the provisions of the French Data Protection Act (Law 78-17 of 6 January 1978). Metallurgical Establishments Emile Maurin has the right to use the content of these messages, including, without restriction, any ideas, inventions, plans, techniques, and expertise that they may contain, regardless of the purpose for which Metallurgical Establishments Emile Maurin uses this content, including to sell products or services and to reproduce this information and make it available to third parties.
6. Foreign Users
This site is controlled, operated, and updated by Metallurgical Establishments Emile Maurin in France. It is exclusively intended for use in France. Metallurgical Establishments Emile Maurin in no way guarantees that the details contained on this website are also valid outside of France, or, in particular, that the products and services offered on the website will be offered in the same conditions.
If you visit this website or download its content from anywhere other than France, please be aware that you are responsible for ensuring that you are in compliance with local law. The products cited on this website are sold in packaging that may vary in appearance or size and feature different lettering or markings depending on the country.
7. Sale of Metallurgical Establishments Emile Maurin Products
This site is intended solely for professional buyers who are duly authorised to use this website to carry out their professional activities.
Our products are sold in accordance with the currently applicable version of our T&C.
8. Permission for Use
Please be aware that you are required to protect your login credentials from unauthorised use by third parties. You are responsible for ensuring that no other person or entity can use them without your permission.
You must inform Metallurgical Establishments Emile Maurin as soon as you learn that the security of your computer system has been compromised concerning information provided on the Metallurgical Establishments Emile Maurin website, or that unauthorised individuals have gained access to your login credentials, or that unauthorised access may be possible.
9. Cybersecurity Notice
To protect the security of the website and ensure that it remains accessible to everyone, this website can use software to control data flows and identify unauthorised intrusion or alteration attempts or any other activity that might result in damage. Any unauthorised attempt to modify or alter information with the aim of causing damage and, generally, any action that compromises the availability or integrity of this website, is strictly prohibited and will render the person responsible liable to criminal prosecution. For example, article 323-1 of the French Criminal Code provides that "a person guilty of fraudulently accessing or remaining inside a computer system [which includes websites] shall be liable to imprisonment for a term not exceeding two years and a fine not exceeding 60,000 euros." In the same code, article 323-3 provides that "a person guilty of fraudulently introducing data into a computer system, or altering or deleting the data contained therein, shall be liable to imprisonment for a term not exceeding five years and a fine not exceeding 150,000 euros."
10. Applicable Law
Any claims or disputes arising in relation to this website or its use will be governed by and construed in accordance with French law. Consequently, conflict of law provisions, the 1964 Hague Convention relating to a Uniform Law on the International Sale of Goods, and the 1980 United Nations Convention on Contracts for the International Sale of Goods, will not apply.
11.Jurisdiction
In the event of a dispute arising in relation to the use of this website, you agree that the courts of the city of Lyon (Rhône, France) will have exclusive jurisdiction, in all cases.
Legal Notices: Publisher:
Metallurgical Establishments Emile Maurin SAS
A simplified joint-stock company (SAS) with €5,634,784 in share capital
Registered with the Lyon Trade and Companies Register under company number 344 087 663
NAF activity code: 4674A
EU VAT number: FR59 344 087 663
Head office: 60 rue du Bourbonnais - BP 9271 69264 LYON Cedex 09 - France
Tel.: +33 (0) 4 72 85 85 85
Fax: +33 (0) 4 78 83 35 47 Publication director: Didier Maurin
Web host: OVH
Head office:
140 Quai du Sartel
59100 Roubaix - France
Tel: +33 (0)8 203 203 63
Credit:
Design: Concept Image
Development: Cognix Systems
Picture: Metallurgical Establishments Emile Maurin
GENERAL TERMS AND CONDITIONS FOR ONLINE SALES
The website emile-maurin.fr is managed by Metallurgical Establishments Emile Maurin, simplified joint stock company (SAS) with capital of €5,634,784 - Company registration number 344 087 663 RCS LYON - Core activity code (APE) 4674A - VAT No. FR59 344 087 663 - 60 rue du Bourbonnais - BP 9271 - 69264 LYON Cedex 09 - France.
Contact: Customer Service Department - 60 rue du Bourbonnais, BP 9271, 69264 LYON CEDEX 09 / Tel.: +33 4 72 85 85 85 - Fax +33 4 78 83 35 47.
1. Scope of the General Terms and Conditions of Sale
The present General Terms of Sale apply to all orders for products that we offer for sale, placed on the website www.emile-maurin.fr (hereinafter referred to as "the Website") by professional customers in connection with their professional activity.
All orders imply the customer's full and unqualified acceptance of these General Terms, unless special conditions are granted or accepted in writing by the parties. They take precedence over all other conditions and documents, in particular the customer's general terms and conditions of purchase.
All documents other than the present General Terms of Sale, in particular all catalogues, brochures, advertisements and instructions, are provided for information only and are non-contractual.
If we do not require performance at a given time of any of the clauses of the present General Terms, this does not constitute a waiver of our right to require performance of them later on.
We reserve the right to adapt or modify the present General Terms of Sale at any time. If the event of a modification, the General Terms of Sale in force at the time the order is placed shall apply.
If one of the provisions hereof is deemed null and void on any grounds whatsoever, all of the other provisions hereof retain their binding nature between the parties.
2. Protection of personal data of natural persons
We process personal data. This is the data that the customer, who is a natural person, or the legal representative of the customer, provides directly when placing the order and/or creating a customer account (title, first name, surname, postal address, email address, phone number, company registration number (SIREN), company unit registration number (SIRET) etc.). A customer who is a natural person, or the legal representative of the customer, has the right at any time to modify this information, by sending us a registered letter with acknowledgement of receipt. The data are collected, saved, used and stored for the purpose of: creating and managing the customer account, filling and monitoring orders, managing payment transactions and delivery operations, managing relations with the customer, managing communications and monitoring exchanges, market research, managing requests to access, rectify and object to processing of the personal data of the data subjects. The personal data collected will be stored for as long as required to manage and monitor the customer's order, and to manage and monitor any disputes that may arise after the order. The data processed are archived in accordance with the legal, and in particular the fiscal, commercial and accounting periods of limitation and storage. To achieve the aforementioned aims and within the limits required to pursue these aims, the data of the customer who is a natural person, or of his or her legal representative, may be transmitted to employees of our company who are authorised to process them in view of their duties. The information collected may also be transmitted to third parties linked to our company by a contract to perform subcontracted tasks needed to manage and monitor the order, manage the customer account, and manage and monitor payment transactions and delivery operations, without the authorisation of the customer who is a natural person or of his or her legal representative being required. In connection with the performance of their services, the third parties only have limited access to the data, and have a contractual obligation to use them in compliance with the applicable legislation regarding the protection of personal data. Furthermore, other recipients may have access to all or part of the personal data depending on their level of authorisation and the required purpose, i.e. in particular the police and the judicial authorities. In accordance with the applicable laws and regulations, and in particular the Law No. 78-17 of 6 January 1978 as amended, concerning Data Processing, Data Files and Individual Liberties, and Regulation (EU) 2016/679 of 27 April 2016, the customer who is a natural person or his or her legal representative has the rights of access, rectification, portability and erasure of their data (unless they are necessary for performance of the contract, or to comply with the legal obligations of our company or establish or exercise the rights of our company) as well as to limit processing and the right to give directives concerning the fate of their data after their death. He or she can also, on legitimate grounds, oppose the processing of their data and have the right to object to canvassing, in particular for commercial purposes. These rights can be exercised by contacting our company as follows: by letter sent to the address of our head office indicated in our general terms and conditions of sale. The request must be accompanied by proof of identity. It is also possible for the customer who is a natural person or his or her legal representative to make a complaint to the French Data Protection Authority (CNIL).
3. Frustration of purpose
In the event of frustration of purpose as defined by Article 1307-5 of the French Civil Code, the Parties undertake to attempt to renegotiate the contract in good faith. The Parties undertake not to refuse to negotiate. This concerns the following events in particular: variation in the price of raw materials, change in customs duty, change in the exchange rates, change in legislation.
Contrary to the provisions of Article 1307-5 of the French Civil Code, if the renegotiation is unsuccessful, the Parties will agree to cancel the contract amicably. If they fail to reach an agreement, one month after the first Party to act has sent a registered letter to the other Party noting the disagreement, the Party injured by the change of circumstances may terminate the contract.
4. Prices
The prices are based on the economic conditions prevailing at the date of the offer and are confirmed at the time of acceptance of the final order.
The prices are net, excluding taxes and all additional fees (carriage, delivery charges, fixed billing costs, special inspections, etc.).
For orders from countries other than Metropolitan France, the customer is the importer of the product(s) concerned. For all products shipped outside the European Union and the French overseas departments and territories, the price will be automatically calculated exclusive of tax.
Customs duty and other local taxes, import duties or central government taxes may be due. These fees and amounts are not our responsibility. They are payable by the customer and the customer is fully responsible for them, both in terms of declarations and of payments to the authorities and competent bodies in the customer's country. Customers must ask for information on these matters from their local authorities.
We reserve the right to modify our prices at any time, and the products will be invoiced based on the rate in force when the order is placed.
The customer is responsible for paying the telecommunications charges incurred to access the internet and use the Website, as well as to call the numbers indicated in these General Terms of Sale.
5. Order
5.1. Products
All goods listed on the Website can be immediately ordered, subject to availability. The availability of products indicated on the fact sheet is provided for information only and not guaranteed; the actual availability is indicated in the order confirmation.
5.2. Documents
All the information relating to general characteristics, strengths, uses or applications of the products, all information on the standards, quality, dimensions, pricing or of any other nature, all drawings, information generally contained in our catalogues, CD ROMs, websites, delivery notes, order confirmation or any other media are for information purposes only, non-exhaustive and without guarantee by us, except in the case of an express acceptance clause.
In particular, the information contained in the descriptions or catalogues may vary according to the tolerances allowed by the profession and the standards applicable. It cannot be invoked as grounds to refuse or dispute the delivery of the products.
In addition information provided may contain typographical, printing or any other kind of error.
Inclusion of the information from our documents in the customers' own documents, or those of any other physical person or legal entity, is their own responsibility.
If Customers wish to make contractual use of specific information, they must submit us a written request and receive our written acceptance before any use thereof.
All the information provided and all the products sold are subject to change, substitution or discontinuation without notice and without incurring liability.
5.3. Weights and quantities
The weights and quantities listed on our pricelists or catalogues are given for information purposes only and cannot be invoked to refuse or challenge the delivery of products. The weights and quantities delivered may vary from the weights and quantities ordered in accordance with admissible industry tolerances.
5.4. Placing of orders
Customers place their order on the Website, from the online catalogue and using the order form provided.
Customers must complete the various steps for ordering on the Website, selecting the required products. They then validate their choice by clicking on the icon "Confirm my purchases".
A summary is provided of all of the products ordered so that customers can check the order breakdown and total price and correct any errors before showing their acceptance by confirming it.
The customer selects the delivery method: collection by the customer, collection by a carrier of the customer's choice, or collection by a carrier of our choice, the cost of which has been notified to the customer.
When confirming the contents of the order, the customer must accept these General Terms by clicking where indicated.
By confirming the order, the customer is deemed to have accepted the prices and characteristics of the products bought.
5.5. Customer account
Before placing an order on the Website, an electronic customer account must first be created free of charge.
If the customer is not included in our customer database, before creating an electronic customer account it is necessary to ask us, by any written means, to open an account by providing the required documentary evidence.
Customers undertake to provide accurate and honest information about their situation when they create their customer account. To do so, they must provide their surname, first name or corporate name, postal address, telephone number and email address, and choose a user ID (user name and password). Our computer system will then check that the user name does not already exist. The user ID is strictly confidential and must be entered by the customer for each transaction.
The password can be changed online via the customer account. The password is private, confidential and non-transferable, and therefore the customer undertakes not to give it to third parties.
All access to the customer account using the password is deemed to have been carried out by the customer. In any case, we cannot be held liable for fraudulent or abnormal use of the password and/or customer account.
Furthermore, we reserve the right to use the customer's password solely for the purpose of technical maintenance of the Website. In this connection, we guarantee that we will keep the customer's password permanently confidential.
Customers agree to take care of their user ID and must immediately notify any loss in writing, to avoid incurring liability.
If customers lose or forget their password, they can click on the link "Forgot password?" and enter their email address. They will receive an email with a link to create a new password.
Customers undertake to regularly check their personal data before placing any further orders, and if necessary to make any changes required online on their customer account. In particular we draw customers' attention to the need to provide a valid email address and telephone number.
5.6. Order confirmation
The order becomes firm once we have confirmed acceptance of it by means of an email acknowledging receipt of the order and listing the order details.
The invoice for the order placed is attached to the order confirmation email.
Orders confirmed by the customer and by ourselves cannot be cancelled or modified.
6. Payment
Unless otherwise provided, invoices are payable in cash at our head office on the date of shipment of the goods.
Any change in the economic or financial situation of the customer may at any time cause a reduction in credit limits and a modification of the payment terms. No discount will be granted for early payment. If a time limit for payment is granted, payment will be made by truncated bill of exchange not subject to acceptance.
In the event of payment by promissory note, if it is not received within 30 days from date the invoice is sent, we may issue a truncated bill of exchange not subject to acceptance that the buyer is required to accept under the conditions provided for in Article L 511-15 of the French Commercial Code.
7. Deliveries
7.1. Method of delivery - Transfer of risks
Unless otherwise agreed, delivery of the products is carried out by direct delivery either to the customer or to the carrier or contractor appointed by him or failing that selected by us, ex works from our warehouses or those of our contractors, subcontractors or suppliers. If it is not possible to deliver, or in the absence of instructions regarding the destination, the delivery is deemed to have been carried out upon notice of readiness, and the products shall then be invoiced and stored at the customer's cost and risk.
Risks are transferred to the customer at the time of delivery as defined above, notwithstanding the right to reservation of ownership.
Regardless of the method of transport used, by land, sea, river, air or of any other nature, even though prices have been established and the products have been shipped FOB destination, they travel at the risk of the consignee, and in the event of short delivery, delays or damage during transport, it is up to the consignee to make any justified reservations on the waybill and exercise all remedies against the carrier in accordance with Articles L 133-3 and L 133-4 of the French Commercial Code. The products are only insured at the express request and cost of the customer.
7.2. Place of Delivery
The products are delivered throughout France. For delivery outside Metropolitan France, if customers wants the products to be transported by a carrier chosen by us, they must contact the customer service department at +33 4 72 85 85 85 to ask for a specific quotation.
We will then notify the customer of the delivery charges as soon as possible. After approving them, the customer can continue to confirm the order.
7.3. Lead times
Lead times for orders are provided for information only and are not guaranteed.
Therefore, if they are exceeded, we shall not on any account accept the cancellation of all or part of an order in progress or grant a discount on the invoice amount.
Exceeding lead times cannot on any account justify the cancellation of all or part of the sale or result in deductions, penalties, compensation or damages.
If, under exceptional circumstances, we agree to a mandatory delivery lead time, any delay in delivery can only result in penalties if this is expressly agreed in advance.
8. Supply
Once the order is firm and final, the customer is committed to buy all of the products ordered, including when delivery frequencies have been agreed.
9. Transfer of ownership
Transfer of ownership of the products delivered to the customer will only take place after the full payment of the principal, interest and incidental charges due, and once all other receivables due from the customer on any grounds whatsoever have been paid. Within the meaning of this clause, the remission of drafts or any other instrument giving rise to an obligation to pay shall not constitute payment.
The failure of payment obligations by the customer or, in general, any event likely to cast a serious doubt on the creditworthiness of the customer will automatically entitle us to demand the return of products held by the customer.
We have the right to recover the products any time from the customer, and for this purpose, we are hereby authorised, along with our employees and agents to enter the customer's premises.
The products may be resold, processed or assembled before the final settlement in the normal course of our customers' business, provided that the receivables arising from the resale or processing by the customer are directly assigned to us and for as long as our invoices remain unpaid upon maturity. The right of resale, processing or assembly shall automatically terminate in the event that the customer is in default or becomes subject to receivership or liquidation procedures. The latter provision is defined as a negative obligation. Furthermore, the customer undertakes to immediately pass on to us the full identities of the subsequent buyers and any information required so that we can assert our rights.
10.Failure to pay
In the event of late payment, we are entitled to suspend shipments and all amounts owed to us by the customer on any grounds whatsoever shall become immediately payable, without any legal formalities.
Subject to any legal action for amounts due, any late payment or postponement of the due date shall be subject, as of right and without the necessity of a reminder, to interest on arrears calculated from the initial due date at the rate of 16%, which can never be less than three (3) times the legal interest rate.
The customer can never, under any pretext whatsoever, withhold all or part of the sums due, or offset them, and therefore shall refrain from any illicit practice of automatic debits or credits. Consequently, any deductions from the invoices that we have not expressly accepted shall be considered a default and will justify the suspension of deliveries and acceleration of payment of all amounts outstanding.
Moreover, in the event of late payment, the customer shall automatically be required to pay us lump-sum compensation for recovery costs of €40, in addition to the late payment penalties already provided for above. Additional expenses may be claimed on production of receipts.
11. Termination - Breach of the general terms
In the event of a breach by customers of their obligations under the present General Terms or under the contract, and in particular in particular in the event of late payment, we may in particular:
- suspend all orders in progress, without prejudice to any other remedy;
- automatically terminate the order in question and all or part of the orders in progress, whether they have been delivered or are currently being delivered, and whether or not payment of them is due, without any legal formalities and without prejudice to any damages we may claim. The decision to terminate the order will be notified by registered letter with acknowledgement of receipt. We shall retain any down payments made by the customer, without prejudice to any other action that we are entitled to bring against the customer on this account. The customer must immediately return the products concerned by the cancelled contracts, failing which the customer may be compelled to do so by summary judgement.
- suspend access to the Website by the customer, or cancel the customer's account depending on the seriousness of the breach.
We reserve the right to refuse any orders by a customer with whom there is any dispute.
12. Returns
Return of goods will only be accepted after a complaint has been received from the customer and accepted by us in writing. The customer is informed that we only accept product returns on an exceptional basis. We reserve the right to refuse returns without having to justify our decision. If we accept a return, the goods must be returned in their original packaging or in identical packaging to the one in which they were shipped, carriage paid. The packaging must include the original bar code and batch No. of the products. Writedown: returns shall result in a minimum writedown of 20% for return to stock if the goods can be resold as is. Otherwise it will be necessary to examine the goods to determine the amount of the additional writedown for repackaging and repair of the product.
13. Hydrogen embrittlement - Oxidation - Reservations
Electrolytic treatments for all materials with a hardness greater than 320 Hv can lead to embrittlement of the product owing to the presence of hydrogen.
Warning: whatever the precautions taken, the presence of hydrogen, which cannot be completely eliminated, always entails a risk of delayed fracture owing to embrittlement and we cannot guarantee that this risk has been totally eliminated.
It is up to the customer to determine if the use of the product requires the total elimination of such risk. In the event that such risk must be eliminated, the customer must use or recommend suitable coating and preparation methods to the end user. For all products that may be subjected to an accelerated oxidation process owing to their environment, the customer is responsible for determining the choice of product and the consequences of this choice. In any event, we shall not be liable for the oxidation of any products unless a hidden defect of the product can be demonstrated.
14. Warranty - Limitation of liability
In all cases where, after examination by both parties, it is acknowledged that the products delivered do not comply with the order or have material or manufacturing defects that render them unfit for use, our warranty is limited to supplying replacement products within the limits of our supplies and without any compensation of any kind for labour costs, delays, losses incurred, in particular immaterial damage, or any other reason that may be put forward.
Product replacement shall not apply in the event of normal wear and tear, damage or accidents resulting from negligence, lack of supervision or maintenance and faulty or improper use of products.
It is up to the customer to provide any proof, for tracking the products in question, and of the reality of the defects or non-conformities identified.
No product return shall be accepted without our prior written consent, including with regard to the delivery method.
Products that are replaced must be returned to our warehouses carriage paid, and any replacement products will be made available to the customer ex works.
Under penalty of forfeiture of the foregoing warranty, claims relating to products must be made by registered letter with acknowledgement of receipt at our head office.
No claims will be accepted for nonconformity or apparent defects after the use of the products delivered or after a period of 8 calendar days following receipt.
Consequently it is up to the receiving agent to check immediately on receipt of the products that they have no such defects.
In other cases of defects in the delivered product the claim period is 8 calendar days after the discovery of the defect.
Any alteration or modification of any kind (including but not limited to treatment, coating, machining, etc.) of the product delivered performed by the customer, their own customers or subcontractors, or by any other person, releases us from all liability regarding the product and the use that is made thereof.
If it is shown, after examination by both parties, by the customer, their customers or subcontractors, or by any other person, that the defects or nonconformities rendering the product delivered unfit for use are not due to the alterations or modifications made, our replacement guarantee shall apply under the terms and conditions specified above.
The products are not intended for use in the aeronautical, aerospace or nuclear sectors. We can only be held liable if we have made a written commitment in response to a specific written request by the customer.
We are only liable for the content of the web pages that we publish. The Website may contain links to other websites. We cannot on any account be held liable for the practices or content of these websites.
We solely have an obligation of best efforts regarding all of the steps involved in accessing and consulting the Website, filling in forms and placing orders.
Consequently we cannot incur liability for any difficulties or damage resulting from use of the internet. In particular, we cannot incur liability for any disruption to the supply of the service, external intrusion or computer viruses.
15. Use of the products
We are not obliged to provide advice to customers regarding the suitability of products for their requirements.
Customers are responsible for selecting the product, taking into account and complying with all of the technical features of the product with regard to the use that will made of it according to their needs, the suitability of the product for the conditions of use and the assembly environment, and for their use and interpretation of the documents they consult, the results they obtain and the advice and actions they deduce from them. We shall under no circumstances be held liable for any of the above reasons, whether in connection with use of our information documents, an offer or an order.
16. Exemption clause - force majeure
We cannot be held liable if an event outside our control prevents or delays the delivery and in particular in the event of a case of force majeure, lack of raw materials, unforeseen production difficulties, limiting or stopping of production, difficulties with subcontractors or suppliers, strikes, economic or political disruption due to events such as war, civil war or embargoes, or transport difficulties. The delivery lead times shall be extended accordingly.
If the unforeseen difficulty is permanent or lasts longer than one month, we shall be entitled to automatically terminate the contract, without any legal formalities, by registered letter with acknowledgement of receipt.
17. Applicable law and settlement of disputes
These General Terms and all our sales transactions are subject to French law.
IN THE EVENT OF A DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE PRESENT GENERAL TERMS OF SALE (REGARDLESS OF THE PLACE OF THE CONTRACT, DELIVERY OR PAYMENT), IT IS HEREBY AGREED THAT THE COURTS OF LYON SHALL HAVE SOLE JURISDICTION IN ALL CASES, TO THE EXCLUSION OF ALL OTHER COURTS, EVEN IN THE EVENT OF MULTIPLE DEFENDANTS OR THIRD PARTY PROCEEDINGS.
18. Intellectual Property
All of the elements published on the Website, such as sounds, images, photographs, videos, documents, animations, programmes, the graphic charter, database tools, software packages and other underlying technologies are protected by the provisions of the Intellectual Property Code and belong to us.
Our trademark and all of the illustrations and images included on the items, accessories or packaging are and shall remain our sole property, regardless of whether they are registered.
Any reproduction in whole or in part, modification or use of these trademarks, illustrations or images, on any grounds and on any medium whatsoever, without our express prior agreement, is strictly forbidden.
Edition CGVL-10.3 September 2018 (cancels and replaces the previous edition of the General Terms and Conditions for Online Sales).
PRIVACY
1. Privacy Policy
Maurin Group is aware that when you use our website, the security of your personal data is important to you. We take the protection of your data very seriously, and wish hereby to inform you about the data that we store and the data that we delete from our system.
2. Data Collection
It is possible to use our website without disclosing any personal information. Using the website does not require you to send us any private information, except when this information is needed to provide a product or service to you at your request. When you visit our website, we store data on our servers for a variety of reasons related to security. This data can include the name of your internet service provider, the website that brought you to our website, the links that you visit on our website, and your IP address. While this information might result in you being identified, that is not our intent. We may, occasionally, use this information for statistical purposes, but we maintain the anonymity of each user so that no one can be identified. When we send personal data to third parties so that you can be provided with the products or services that you have requested (or for other purposes for which you have provided consent), we use technological and organisational measures to ensure compliance with applicable data protection law.
3. Collection and Processing of Personal Data
The personal data that we collect on our server is limited to the data that you provide when you register, fill in a form or send an electronic message within the context of a product or service order, a survey, or requests for ordered equipment, or similar situations in which you voluntarily send us your information.
The database and its content are stored on our premises and maintained by data processing systems or servers that act on our behalf and send us reports. We guarantee that we and those acting on our behalf will not send your data to third parties in any form whatsoever without your consent, except when we are required to do so by applicable laws and regulations.
We undertake to maintain control over and assume responsibility for all the personal data that you disclose to us.
The data that we collect will be used solely for the purpose of providing you with the products or services that you request, or for any other purpose for which you have granted consent, unless otherwise provided by law.
We will only store personal data for the time needed to provide the service that you have requested from us or for which you have granted your consent, unless the law requires otherwise (for instance, in the event of pending legal action).
4. Right to Access and Correct Data - Right to Withdraw Consent
You have the right to access and correct your personal data stored in our system, particularly if you think it might be outdated or inaccurate. You are also free, at any time, to withdraw consent to use your personal data in the future. To do so, please contact our data protection officer at the address below.
5. Cookie Use
On some websites, we may, for performance reasons, install small files known as "cookies" to enhance these websites and how they are used. Cookies are identifiers that our server can send to your computer to identify the computer used during the session. Most web browsers allow users to automatically accept or reject these cookies. You can also disable cookie storage altogether or configure your browser to inform you each time a cookie is installed on your computer. We undertake to inform you if a cookie will be stored on your computer for a period extending beyond the length of your browsing session; such cookies will be configured to automatically delete themselves at a later date.
6. Security
Maurin Group will implement technological and organisational security measures to protect your data from any unauthorised use, loss, destruction, or access. Any personal data that you send to Maurin Group will be routed through an encrypted channel to prevent interception by third parties. Our security protocols are regularly reviewed to adapt to new technological developments.
7. Child Protection
In order to protect children, we will not collect, process, or use information on users of our website who, to our knowledge, are under the age of 13, without obtaining prior consent from a parent or guardian. Said parent or guardian is entitled, upon request, to view the information supplied by the child and/or have this information deleted.
8. Contact
For any problems, questions, or suggestions, please contact Maurin Group's data protection officer. The internet is constantly changing, and consequently, it is occasionally necessary for us to change our privacy policy. We reserve the right to modify this policy at any time. Publication:
Emmanuel Maurin SAS Represented by Eric Maurin
60 rue du Bourbonnais - BP 9271
69264 LYON Cedex 09 - France
Registered with the Lyon Trade and Companies Register under company number 957 522 386
NAF activity code: 7010Z
EU VAT number: FR52 957 522 386
