Terme of Sales

I. Object

The purpose of these general conditions of sale is, firstly, to inform any purchaser of the terms and conditions under which TYR EUROPE proceeds with the sale and delivery of the products ordered and, secondly, to define the rights and obligations of the parties in connection with the sale of products by TYR EUROPE SAS to its client. They apply, without restriction or reservation, to all sales, products offered TYR EUROPE SAS on its website www.tyr.eu. Consequently, any order of products implies acceptance and unreserved acceptance of the buyer to the present General Conditions of Sale, which prevail over any other document or conditions, with the exception of any exception expressly accepted by the TYR EUROPE Company.
The information given in our catalogs and leaflets, as well as the statements of our representatives are only indicative.
TYR EUROPE reserves the right to modify at any time these terms and conditions of sale.

II. Precontractual information

The buyer acknowledges having communicated, before the placing of his order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in Article L 221-5 of the code of consumption. The following information is provided to the buyer in a clear and understandable manner:
- the essential characteristics of the good or the service
- the price of the good or the service
- in the absence of immediate execution of the contract, the date or the deadline at which TYR EUROPE SAS undertakes to deliver the goods or to perform the service, regardless of its price.
- information relating to the identity of the service provider, its postal, telephone and electronic contact details, and its activities, those relating to legal warranties, the functionalities of the digital content and, where appropriate, its interoperability, the existence of and the terms of implementation of the guarantees and other contractual conditions.
TYR EUROPE SAS Company communicates to the buyer the following information:
- his name or corporate name, the geographical address of his establishment and, if different, the address of the head office, his telephone number and his e-mail address.
- the terms of payment, delivery and performance of the contract, as well as the procedures provided by the professional for the processing of claims.
- in the event of sale, the existence and the conditions of exercise of the legal guarantee of conformity envisaged in the articles L 217-1 and following of the code of the consumption, of the guarantee of hidden defects provided for in articles 1641 and following of the code and, where applicable, the commercial guarantee and the after-sales service respectively referred to in Articles L 217-15 and L 217-17 of the Consumer Code.
- the duration of the contract, when it is concluded for a fixed term, or the conditions of its termination in the case of a contract of indefinite duration.
The TYR EUROPE SAS Company indicates, with regard to the digital content, any relevant interoperability of this content with certain hardware or software which the professional has or should reasonably have knowledge of.

III. Rates

The selling prices of products online on the website of TYR EUROPE are indicated in euros, are those in force at the time of placing the order by the buyer. They do not include packaging and shipping costs, charged in addition to the price of the products purchased. The packaging and shipping costs will appear on the invoice, before the validation of the order by the buyer if there must be.
The selling prices of the products can be modified by TYR EUROPE SAS at any time.
If the items are to be delivered in a country outside the European Union, the total price indicated in the order and in the order confirmation, including indirect taxes (if applicable), does not include any customs taxes and any other tax on sales, that the consumer is now committed to pay upon receipt of his package, if requested, in addition to the price indicated in the order and in the order confirmation, in accordance with the legal provisions of the country in which the articles will be delivered. For information on any duties or taxes applied in his country of residence or the destination of articles, the consumer is requested to check with the competent bodies of the country in question.
Any other costs, charges, taxes and / or taxes that a country may apply to any of the items ordered on the basis of these general conditions of sale are the sole responsibility of the consumer.
The consumer declares that his lack of knowledge of the costs, charges, duties, taxes and / or taxes referred to in the previous paragraphs at the time of the transmission of an order to the seller, can not constitute a cause for termination this contract; such fees may not be charged to the seller.

IV. Order

Users around the world can access the Site. However, articles available on the site can only be purchased by users who request delivery in one of the countries listed on the site.
Any order implies the unrestricted and unreserved acceptance of the present general conditions of sale. No further order changes can therefore be taken into account by TYR EUROPE SAS.
From the moment the customer has validated his order, he is considered as knowingly and unreservedly accepting the present general conditions of sale, prices, volumes and quantities of the products offered for sale and ordered.
The buyer's order must be confirmed by TYR EUROPE SAS by email. The sale will be considered final only after the sending to the buyer of this order confirmation by TYR EUROPE SAS and receipt by it of the full price.
TYR EUROPE SAS recommends to the buyer to keep the information contained in the order confirmation sent on a paper or computer document.
All orders placed on weekends will be processed on Monday. The period of 48 hours to ship the goods, runs from Monday morning until Thursday evening.
The TYR EUROPE SAS Company reserves the right to refuse any order from a customer who has not fulfilled previous orders and deliveries by the due date, without the customer being able to claim any compensation for any reason whatsoever.
Moreover, if the TYR EUROPE SAS Company has serious or particular reasons to fear payment difficulties on the part of the customer, at the date of the order, or after the latter, it reserves the right to subordinate the acceptance of the order, or the continuation of its execution, to an immediate cash payment or to the provision by the customer of bank guarantees of payment.

V. Electronic signature

The online supply of the buyer's credit card number and the final validation of the order will be proof of the agreement of the buyer:
- payment of sums due under the purchase order,
- signature and express acceptance of all the operations carried out.
In case of fraudulent use of the credit card, the buyer is invited, upon the finding of this use, to contact + 33 (0)3 89 06 09 61.

VI. Product Information

The products governed by these terms and conditions are those which appear on the website of the seller and which are indicated as sold and shipped by the seller. They are offered within the limits of available stocks.
The products are described and presented with the greatest possible accuracy. However, if errors or omissions may have occurred regarding this presentation, the seller's liability could not be incurred.
The photographs of the products are not contractual.

VII. Price

a) Billing
The company TYR EUROPE SAS will establish, upon acceptance of the order, an invoice, a copy of which may be delivered the same day to the buyer at the express request of the latter.

b) Price
Our prices are fixed by the tariff in force on the day of the placing of the order. They always get along extra.
These prices are expressed in legal tender (€) and stipulated all taxes included except for countries or region where export prices may apply.

VIII. Payment terms

Invoices are payable upon receipt, cash and no discount by bank transfer, credit card (CB, Visa, Eurocard MasterCard), and PayPal.
No prepayment of invoice can give rise to a discount.
This is an order with payment obligation, which means that the placing of the order involves a payment from the buyer.
More specifically, the buyer has, at his choice, all the methods of payment made available by TYR EUROPE SAS and listed on the seller's website. The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, during the validation of the order form. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization for payment by credit card from the officially accredited bodies or in case of non-payment.
The TYR EUROPE SAS Company reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid a previous order or with whom a payment dispute is in progress of Directors.
TYR EUROPE SAS has set up an order verification procedure designed to ensure that no one uses the bank details of another person without his knowledge. As part of this verification, the buyer may be asked to send by email to TYR EUROPE SAS a copy of an identity document and a proof of address. The order will be validated only after receipt and verification by the seller of the parts sent.

IX. Right to retract

Any online buyer, as well as any consumer of mail order, benefits from a right of withdrawal of 14 days from the day when he enters in possession of the good, without justification, nor payment of penalties, nor of the expenses of return of his part.
However, are not subject to the right of withdrawal, custom products, clothing products intended to be worn on the skin and any product intended for use in swimming pools or the sea, as well as any product already used or worn.
The withdrawal form is attached to the order form.
The products must however be returned in their original packaging and in perfect condition within 14 days following the notification to the TYR EUROPE SAS Company of the buyer's withdrawal decision.
Returns are to be made in their original condition and complete (packaging, accessories, instructions ...) allowing their re-marketing in new condition, accompanied by the purchase invoice.
Damaged, soiled, personalized or incomplete products are not taken back.
The right of withdrawal can be exercised online, using the withdrawal form available on the TYR EUROPE website. In this case, an acknowledgment of receipt on a durable medium will be immediately communicated to the buyer. Any other method of declaration of retraction is accepted. It must be unambiguous and express the will to retract.
In case of exercise of the right of withdrawal within the aforementioned period, are reimbursed in the form of having the price of the product (s) purchased (s), if the customer decides to be refunded, it must make the request by email or stipulate it on the return form.
The exchange (subject to availability for a case of defective product) or the refund will be made within 5 working days for the exchange and 15 days from receipt for reimbursement, by TYR EUROPE, products returned by the buyer under the conditions provided above.

X. Delivery

a) Delivery method
The delivery takes place when the goods are picked up by the buyer or his carrier or at the exit of the TYR EUROPE Company's warehouses.
The goods travel at the risk of the consignee who must at arrival, check the quantity and quality before taking delivery, and put the necessary reserves, in writing, directly with the carrier.
The mention "subject to" is considered insufficient.
The delivery time is given for informational and indicative purposes only.
Delays in delivery cannot give rise to any penalty or indemnity, neither to justify nor to justify the cancellation or the cancellation of the order.
The transfer of risks on the sold products is carried out at the delivery of the products to the carrier or the exit of the warehouses of the TYR EUROPE Company.
According to the Hamon law of March 17, 2014, as of June 14, 2014, TYR EUROPE SAS reserves a maximum period of 30 days, validating the order, to deliver the order. Beyond this period, if the customer wishes to cancel his order (excluding pre-order), he will have to send a registered mail to request a refund.

b) Delivery in Colissimo
The delivery is made by the mailman or a sub-contracting company to the address indicated by the buyer. In case of absence, the buyer or the recipient of the ordered products receives a notice of passage of his postman, which allows him to withdraw the products ordered, at the nearest post office, for a period of fifteen days, past this period, the parcel will be returned to the sender and the customer will have to pay once again shipping costs to receive his order. The buyer or the recipient of the ordered products is obliged to verify, in the presence of the postman or the deliveryman, the state of the packing of the goods and its contents with the delivery. In the event that the purchaser or the recipient of the ordered products would note a damage or a missing one, that it is on the state or the contents of his parcel, the buyer or respectively the recipient of the ordered products is held: - d apply the Colissimo procedure (in particular to report the damages due, all claims and reservations) and to refuse the goods by immediately issuing a statement of anomaly to the Post Office employee (finding 170). - to report these incidents to TYR EUROPE SAS by email within a maximum of 30 working days upon receipt of the order, otherwise the request may be refused.

c) Delivery delay
In any case, and in accordance with the provisions of Article L. 121-20 of the Consumer Code, the products ordered will be delivered within a maximum period of 30 days (excluding pre-orders) as of the day following the day on which the order is made. buyer has registered his order, subject to full payment of the price. Failing delivery after the expiry of this period, the buyer will have the opportunity to cancel the order. At first, if the order has not been delivered and we are able to deliver, TYR EUROPE SAS will proceed with the delivery without any additional charges to the final customer. Otherwise, the sums paid by the buyer will be returned to him without delay, to the exclusion of any other compensation. The buyer must make his request in writing (e-mail to the contact details indicated in the contact section of the TYR EUROPE website). TYR EUROPE SAS will then conduct an investigation with the carrier concerned prior to the cancellation of the buyer's order and the reimbursement of ordered and undelivered products. An investigation with the carrier can take up to 21 business days. If during this period, the package containing the products is found, it will be at the choice of the buyer is immediately re-routed to the place of delivery specified in the order form, or kept by TYR EUROPE SAS because the products have already been shipped again or because the order has been canceled by the customer. TYR EUROPE SAS will refund the ordered products not delivered. On the other hand, if the package containing the ordered products is not found at the end of this period of 21 days of investigation, TYR EUROPE SAS will proceed to the choice of the buyer, either the refund of the ordered products not delivered, or a new shipment at the expense of TYR EUROPE SAS products ordered by the buyer. In the event that the products ordered are no longer available, the provisions referred to in Article 11 will be applied. In the event of exchange of product (s), the delivery costs will be borne by the buyer.

XI. Receipt of Products

The buyer is obliged to verify, on delivery, the conformity of the delivered goods with the goods ordered, and the absence of apparent defects.
The buyer must enter the specific reservations on the discharge document (delivery note, transport receipt) and confirm his reservations by registered letter with acknowledgment of receipt, addressed to the carrier and the TYR EUROPE SAS Company within a strict deadline. 24 hours from the reception. Any complaint must be duly motivated.
In the absence of a complaint or reservation made within the 24 hours mentioned above, and in accordance with the aforementioned procedure, said goods cannot be taken back or exchanged.
However, in case of apparent defects or nonconformity of the delivered goods in relation to the ordered goods regularly recorded by the buyer on the day of receipt, the TYR EUROPE SAS Company shall proceed, after express agreement on its part, to the replacement of the goods. delivered by goods in accordance with the order. The costs incurred by the resumption of the delivery of new goods are the responsibility of the TYR EUROPE Company, but exclusively after the express agreement of the latter.
Any oral reservation, even confirmed by letter, as well as the words "accepted subject to control" are considered null and void.
The TYR EUROPE SAS Company will under no circumstances proceed to the resumption of unsold products.
In addition, as a penalty clause and in application of the legal provisions, the purchaser will, by operation of law, be liable for a penalty, for late payment, calculated on the entirety of the sums remaining due, by applying the rate of interest equal to three times the legal interest rate.

XII. Return of products

The products can be returned by the buyer under the conditions and according to the instructions below. The products must be returned to TYR EUROPE SAS in a perfect state of resale, in their original condition (packaging, label, accessories, instructions ...), duly sealed, and accompanied by the signed return slip. TYR EUROPE SAS accepts the return of any item purchased on TYR.EU if it is returned within 14 days from the date of receipt of the order by the buyer. For products returned in a package the customer agrees to return the product in its original packaging which will itself be protected to allow the resale of the product. Otherwise, TYR EUROPE will not process the return in its entirety.
It is possible to ask for a refund when you return. To do this it suffices to tell us by email to the following address (eu@tyr.com) indicating either the reference of the order or the reference of the No. of return or stipulate on the return form of goods to insert in the parcel.
Sale products will not be refunded, only a credit voucher of the amount of the item will be made.
Products from the TYR splash box will not be refunded and cannot be refunded.
If the size is not suitable, TYR EUROPE SAS cannot be held responsible, all the sizes are given as an indication and not an obligation of purchase.

a) Article returned during the period of 14 days of retraction:
TYR will pay for the return if you are one of the partner countries of our operator.
List of countries for which we pay for the return:
France, Germany, Austria, Belgium, Spain, Estonia, Finland, Greece, Ireland, Lithuania, Luxembourg, Malta, Netherlands, Poland, Portugal, Czech Republic, United Kingdom, Slovenia, Slovakia.
If you are not part of a partner country of our operator (Switzerland, DOM-TOM ...), the cost of returns are the responsibility of the customer.
We advise you to use the return via the postal counters.
Return address:
TYR EUROPE
26 quai d'Alma
68100 MULHOUSE
FRANCE

You have 14 days from the date of receipt of the articles to inform us of your desire to return an item that does not suit you. An exchange, an asset in the form of a coupon or a refund will be made. The credit in the form of a coupon will have a period of validity of 1 year from the date of creation.
- To do this, go to the "Order History" section of your customer account and select the order from which the item to be returned.
- Select the article and click on "request a return".
- Select the item (s) and / or quantity (s) you wish to return, then under "Return of Goods" enter the reason for return (required). Finally click on "Generate a return"
- You will receive by mail (on the email address of the customer account) a return slip to print and insert into your package.
It is imperative to print the return card and include it in your return package. Without this card your return can not be processed. This return authorization is in the category "my merchandise returns" in your personal account in the return label column.
We will make a credit in the form of a coupon of your returned items within 5 business days once your package received and controlled by our logistics department.
All you need to do is login to your account in the "My Coupons" section or wait for the refund if you have specifically requested it.
At the end of the processing of your return by the after-sales service (supported by a technician who verifies the contents and the state of the product.) You will then receive a notification by e-mail advising you of the validation of the return by customer service.
If you want an exchange within this 14-day cancellation period, you will need to enclose a check for € 6.97 to cover the new shipping costs. It will also specify the desired size of the product on the return card downloaded beforehand or by mail. Return shipping costs are your responsibility.
If a product is unavailable in your order, the amount of the item price will be credited to you.
Any parcel received will be refused if it does not have a return label or a return postage date of 14 days after delivery. A payment of the amount of shipping costs may be requested to return your package.
TYR EUROPE SAS does not accept parcels sent by postage due. Any risk related to the return of the product is the responsibility of the buyer. Failure to comply with the procedure outlined above and the times indicated, the buyer cannot make any claim for missing product or non-compliance or defect of the delivered products, the products then being deemed compliant and free from any defect apparent.

b) Defective items
Defective item on delivery
If I receive a defective product on delivery, I make my request for return and I report the problem to TYR EUROPE SAS within a maximum of 5 days with the sending of a picture of the product by mail to the following address: eu@tyr.com with the subject: Defective return.
If the supplier accepts the return for defective, a return slip and a return label will be created and must be attached to the package.
Upon receipt of the article, TYR EUROPE SAS returns the same product or a credit will be credited in the form of a coupon.
This credit will have a validity of 1 year from the date of creation.
If I return my article without agreement and that it is refused, a payment of the amount of shipping costs will be asked to me to return my product.
Defective item beyond 14 days
If I have a defective product beyond the allowed return period, I report the problem to TYR EUROPE SAS by explaining the defect and sending a photo of the product by mail to the following address: eu@tyr.com with as object: Defective return.
If the supplier accepts the return for defective, a return slip will be created and must be attached to the package.
Upon receipt of the article, TYR EUROPE SAS returns the same product or a credit will be credited in the form of a coupon.
This credit will have a validity of 1 year from the date of creation.
If I return my article without agreement and that it is refused, a payment of the amount of shipping costs will be asked to me to return my product.
Attention, for a defective return, the expenses of return always remain with the load of the customer beyond the delay of 14 days of retraction.

XIII. Force majeure

Any circumstances beyond the control of the parties preventing the performance of their obligations under normal conditions shall be considered as grounds for exemption from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above must immediately notify the other party of their occurrence and of their disappearance.
Will be considered as force majeure all facts or circumstances irresistible, external parties, unpredictable, inevitable, beyond the control of the parties and can not be prevented by them, despite all efforts reasonably possible. expressly, are considered as cases of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals: the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to review the impact of the event and agree on the conditions under which the contract will be continued. If the case of force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

XIV. Property Reserve

The transfer of ownership of the goods sold by the TYR EUROPE SAS Company intervenes only from the complete payment of the price by the customer, in principal, costs and accessories, even in the event of granting of payment terms. Any contrary clause is deemed unwritten.
In case of default of payment, the customer is prohibited from reselling the goods up to the amount of unpaid products.
Checks and bills of exchange are only considered as means of payment when they are actually cashed. Until that date, the retention of title clause retains its full effect.

XV. Guarantee

XVI. Consumer's personal data and protection of confidentiality

In order to proceed to the registration, the transfer of the order and the conclusion of this contract, certain personal data are requested from the consumer through the site. The consumer is aware that the personal data provided will be registered and used by the seller and by TYR EUROPE SAS in accordance with and in compliance with French regulations (For more information, please consult our data protection policy)
The consumer declares and warrants that the data provided to the Seller during the registration process is correct and truthful.
The consumer may at any time update and / or modify the personal data provided to the seller on the page of the "My Account" site accessible after being identified.

XVII. Place of jurisdiction

Any dispute relating to the application, interpretation and execution of these general conditions of sale and sales contracts concluded by the TYR EUROPE Company, or the payment of the price will be the exclusive jurisdiction of the courts in the jurisdiction of MULHOUSE. French law will be applicable only.

XVIII. Computing and Freedom

The personal data provided by the buyer are necessary for the processing of his order and the preparation of invoices.
They can be communicated to TYR EUROPE SAS partners who are responsible for the execution, processing, management and payment of orders.
The processing of the information communicated via the TYR SHOP website has been declared to the CNIL.
The buyer has a permanent right of access, modification, rectification and opposition regarding the information concerning him. This right can be exercised under the conditions and according to the methods defined on the TYR EUROPE website.

XIX. Mediation

Every consumer has the right to free use of a consumer mediator for the amicable resolution of contractual disputes relating to the execution of a service provision contract.
A consumer is understood to mean only a natural person who acts for purposes which are not part of his commercial, industrial, craft or liberal activity or which concerns activities only incidentally.
In the event of persistence of a dispute despite a prior amicable written complaint directly addressed to the TYR EUROPE Company, the consumer may seize one of the consumer mediators according to the specific practicalities of each of them.
Here is a link of mediators made available to our customers:
http://www.economie.gouv.fr/mediation-conso

XX. Waiver

The fact for the TYR EUROPE SAS Company not to avail itself, at a given moment, of any of the clauses of the present ones can not in any case be worth renunciation to take advantage later of any one of the clauses of these general conditions of sale.