Terms of sale

If you are an individual:

ARTICLE 1. ACCEPTANCE – ENFORCEABILITY
These General Terms and Conditions of Sale (GTCS) apply automatically to all sales of products (hereinafter the “Products”) concluded by BEAL SAS, whose registered office is located at Chemin de Montplaisir, 38780 Pont-Évêque, France, registered with the Trade and Companies Register of Vienne under number 301 212 510 (hereinafter “BEAL”), on the website www.beal-planet.com (hereinafter the “Website”), with any non-professional purchaser (hereinafter the “Customer”) who accepts them, acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document. No document other than these GTCS may create obligations for the parties or depart from these GTCS unless set out in a written document signed by both parties. The GTCS are accessible at any time on the Website and shall prevail, where applicable, over any prior version or any other contradictory document. The Customer may request that BEAL send the GTCS by email. The Customer may also save, print, or copy this document, it being specified that such saving, printing, or copying is the Customer’s sole responsibility, as these GTCS may be subject to change. Amendments to these GTCS are enforceable against Customers from the date they are posted online and apply to transactions concluded after they are posted online.

ARTICLE 2. PRE-CONTRACTUAL INFORMATION
The Customer acknowledges having received, prior to placing an order and concluding the contract, in a clear and understandable manner, these GTCS and all of the following information: the essential characteristics of the Products; the price of the Product and transport costs; the delivery timeframe; information relating to BEAL’s identity, postal, telephone and electronic contact details, and activities; information relating to the right of withdrawal and legal guarantees; and the possibility of using a consumer mediator.

ARTICLE 3. ORDERS
3.1. Browsing the Website. The Customer may view the various Products offered for sale by BEAL on the Website and browse freely through the Website pages without being bound to place an order.

3.2. Placing an order. If the Customer wishes to place an order, they will select the Products of interest and express this interest by clicking “Buy”. On the Website, at any time, the Customer may: view details of the Products selected by clicking “View my cart”; continue selecting Products by clicking “Continue shopping”; complete their selection of Products and order them by clicking “Checkout”.
To order the selected Products, after clicking “Checkout”, the Customer must log in, either by entering their email address and confidential password if they have already created an account, or by clicking “Create my account” if not. In that case, the Customer must complete the form provided, indicating all information required for identification, in particular surname, first name, postal address, and telephone number. The Customer must also provide their email address and a password of their choice, which will be personal and confidential and required for future logins on the Website. The Customer is informed and accepts that entering these two identifiers constitutes proof of identity. Once identified, the Customer must confirm the delivery address. An order form will appear on screen detailing in particular: the type, quantity and price of the Products chosen, the total order amount, Customer contact details, the latest delivery date, and the delivery address. The Customer may correct any errors before confirming the order. If so, a new order form will be automatically issued.

3.3. Final confirmation of the order. After reviewing the order form and once all requested information has been completed, the Customer will tick the box accepting these GTCS and click “Confirm order”. Order confirmation includes the wording “Order with obligation to pay”. This second click constitutes an electronic signature. This signature has legal value and binds the Customer in the same way as a handwritten signature. The order form will be recorded in BEAL’s computer systems, stored on a reliable and durable medium, and will be considered proof of the Customer’s commitment. The Customer may choose the payment method among those offered by BEAL and will pay for the Products under the conditions of Article 6.

3.4. Order summary. Once the Customer has validated their payment method on the Website, an order summary will be displayed, including in particular the transaction number. The sale will be considered final only after BEAL displays the order summary, which serves as acknowledgement of receipt of the order. BEAL will then send the Customer an email summarizing the order once recorded (hereinafter the “Contract”).

3.5. In any event, BEAL reserves the right to refuse any order or delivery in case of (i) an existing dispute with the Customer, (ii) full or partial non-payment of a previous order by the Customer, or (iii) refusal of card payment authorization by banking institutions. BEAL shall not be held liable in such cases.

3.6. Order tracking. The Customer may check the status of their order at any time in the “My orders” section. This tracking allows the Customer to see how their order is being processed and the shipment or delivery status of parcels. The Customer may contact BEAL customer service at any time to obtain information about order tracking: commercial@beal-planet.com

ARTICLE 4. PRODUCT AVAILABILITY
Product offers on the Website are valid only while stocks last. Availability may vary during a single day depending on sales recorded by BEAL. BEAL updates availability on the Website very frequently, but cannot be held responsible if actual stock differs from the stock shown on the Website. If a Product becomes unavailable after the Customer has placed an order, BEAL undertakes to inform the Customer by email within eight (8) days from the order date and to indicate the waiting time for receipt of the Product. If the Customer wishes, they may request cancellation of the order (refund by bank transfer within fourteen (14) days) or exchange of the unavailable Product for another Product by contacting BEAL by email or phone using the details set out in Article 7.

ARTICLE 5. DELIVERY – TRANSFER OF RISK
5.1. Delivery means the transfer to the Customer of physical possession or control of the Products. Delivery is possible only after confirmation of payment by BEAL’s banking institution.

5.2. BEAL offers delivery of Products in mainland France. Shipping costs and delivery times are stated in the Contract. For deliveries outside mainland France, shipping costs and delivery times will be stated in the Contract.

5.3. Unless otherwise agreed, Products are delivered to the address indicated in the Contract. BEAL cannot be held liable in particular for a later change of address not notified to BEAL or for an error in the Customer details provided.

5.4. BEAL undertakes to use its best efforts to deliver the ordered Products within the timeframe specified in the Contract. If the ordered Products have not been delivered by the indicative delivery date for any reason other than force majeure, the sale may be terminated at the Customer’s written request if, after the Customer has formally required BEAL to deliver within a reasonable additional period, BEAL has not performed within that period. Amounts paid by the Customer will then be refunded by bank transfer within a maximum of fourteen (14) days, excluding any compensation or deductions.

5.5. Except in special cases or where one or more Products are unavailable, ordered Products will be delivered in a single shipment.

5.6. If, at the time of delivery, the original packaging is damaged, torn, or open, the Customer must check the condition of the Products. If they are damaged, the Customer must refuse the parcel and note a reservation on the delivery slip (“parcel refused because opened or damaged”). The Customer must indicate on the delivery slip, in the form of handwritten reservations accompanied by their signature, any anomaly concerning the delivery (Product missing compared with the delivery slip, damaged parcel, broken Products, etc.). This check is deemed performed once the Customer, or a person authorized by them, has signed the delivery slip.

5.7. Special case of Products delivered outside the European Union. In this case, Products will be invoiced in Euros excluding taxes. Import formalities, customs duties and any taxes related to delivery outside the European Union are borne by the Customer and are their exclusive responsibility. They must be paid to the competent authorities of the delivery country. The Customer alone is responsible for verifying the import possibilities for the ordered Products under the law of the delivery country. BEAL is not required to check or inform the Customer of applicable customs duties and taxes or of the laws and regulations of the country where Products are delivered. To find out, BEAL advises the Customer to contact the competent authorities of their country. Cross-border deliveries may be subject to opening and inspection procedures by customs authorities.

ARTICLE 6. PRICE – PAYMENT
6.1. Products are sold at the prices in force shown on the Website when BEAL records the order. Prices are expressed in Euros including all taxes. They do not include transport and delivery costs, which are invoiced, where applicable, in addition at the rate applicable on the order date and communicated to the Customer before the order is placed. BEAL reserves the right to change its prices at any time, it being specified that the price shown on the order form issued by BEAL is the final price and includes transport and delivery costs.

6.2. The price is payable in full at the time the Customer places the order, via secure payment by bank card (accepted cards: Carte Bleue, Visa, Mastercard). The Customer must provide the cardholder’s name, card number, card type, expiry date, and the cryptogram (3-digit number on the back of the card). The Customer will be automatically redirected to BEAL’s bank payment server. The bank server is secured via its electronic payment terminal to protect as effectively as possible all data related to payment methods. The Customer acknowledges that their banking data will never pass through BEAL’s IT system, and BEAL therefore cannot be held liable in the event of fraudulent theft of the Customer’s banking data. The transaction is debited immediately after verification of the card details. If the price cannot be debited, the Customer’s order will be cancelled.

6.3. BEAL will not be required to deliver the ordered Products if the Customer has not paid the full price under the conditions above. Payment will be considered completed only after BEAL has actually received the funds.

6.4. An invoice is issued by BEAL and provided to the Customer upon delivery. A detailed printable invoice will also be available on the Website in the “My account” section.

6.5. Any sum not paid by its due date will automatically accrue late-payment interest at a rate equal to three times the legal interest rate. Such interest will be due until full payment of the outstanding sum, interest included.

ARTICLE 7. RIGHT OF WITHDRAWAL
7.1. The Customer has the right to withdraw from the Contract without giving any reason within fourteen (14) days from the day the Customer, or a third party other than the carrier, takes physical possession of the Products.

7.2. Notification of the right of withdrawal. To exercise this right, the Customer must notify BEAL (Address: Chemin de Montplaisir, 38780 Pont-Évêque, France. Tel: +33 4 74 78 88 88. Email: commercial@beal-planet.com) of their decision to withdraw by an unambiguous statement on a durable medium (for example, a letter sent by post or an email). The Customer may use the withdrawal form template downloadable here, but this is not mandatory. The Customer may also complete and submit the template or any other unambiguous statement on the Website. If the Customer uses this option, BEAL will send an acknowledgement of withdrawal without delay on a durable medium (for example, by email).

7.3. Effects of withdrawal. In the event of withdrawal, BEAL will refund the Customer all payments received, including initial delivery costs, without undue delay and in any case no later than fourteen (14) days from the day BEAL is informed of the Customer’s withdrawal decision. BEAL will refund using the same payment method used for the initial transaction unless the Customer expressly agrees otherwise. The refund will not incur any fee for the Customer. BEAL reserves the right to postpone reimbursement until it has received the Products or until the Customer has provided proof of shipment, whichever occurs first.

7.4. Return procedure. The Customer must return or hand back the Products in perfect condition to the following address: Chemin de Montplaisir, 38780 Pont-Évêque, France, without undue delay and in any case no later than fourteen (14) days after communicating their withdrawal decision to BEAL. This period is deemed respected if the Customer returns the Products before the fourteen (14) days expire. If returned Products have depreciated due to handling other than that necessary to establish their nature, characteristics and proper functioning, BEAL reserves the right to hold the Customer liable and request compensation proportional to the purchase price. Return costs are borne exclusively by the Customer.

7.5. Exclusions from the right of withdrawal. Under Article L.221-28 of the French Consumer Code, the right of withdrawal is excluded for certain Products, namely: Products unsealed by the Customer that cannot be returned for hygiene or health-protection reasons (for example, and without limitation: ropes, harnesses, etc.); Products made to the Customer’s specifications or clearly personalized.

ARTICLE 8. RETENTION OF TITLE
IN ANY EVENT, OWNERSHIP OF THE ORDERED PRODUCTS WILL TRANSFER TO THE CUSTOMER ONLY AFTER FULL PAYMENT OF THE PRICE BY THE CUSTOMER. The Customer must ensure that the Products remain identifiable after delivery.

ARTICLE 9. CUSTOMER OBLIGATIONS
BEAL reminds that unemancipated minors lack legal capacity to contract. The Customer must use and maintain the Products in accordance with the instructions supplied with them. As the Products may be personal protective equipment, the Customer undertakes to read and comply with all indications associated with such Products. More generally, the Customer guarantees that they are the holder of the bank card used for payment. Accordingly, the Customer who placed the order guarantees BEAL against all harmful consequences arising from unauthorized and/or fraudulent use of a third party’s bank card.

ARTICLE 10. WARRANTY – LIABILITY
10.1. Products supplied by BEAL benefit, in accordance with legal provisions, from the legal warranty of conformity under Articles L.217-4 et seq. of the French Consumer Code, and from the warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered Products and rendering them unfit for use, under Articles 1641 et seq. of the French Civil Code.

10.2. Legal warranty of conformity
10.2.1. Article L.217-4 of the Consumer Code: the seller must deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for lack of conformity resulting from packaging, assembly instructions, or installation when such installation has been made the seller’s responsibility by the contract or carried out under the seller’s responsibility.

10.2.2. Article L.217-5 of the Consumer Code: goods conform to the contract:
1° If they are fit for the use normally expected of similar goods and, where applicable:
• if they match the description given by the seller and have the qualities presented to the buyer as a sample or model;
• if they have the qualities that a buyer may legitimately expect in light of public statements made by the seller, producer or their representative, particularly in advertising or labeling;
2° Or if they have the characteristics agreed upon by the parties or are fit for any special use sought by the buyer, made known to the seller and accepted by the seller.

10.3. Warranty against hidden defects
10.3.1. Article 1641 of the Civil Code: the seller is liable for hidden defects in the sold item which render it unfit for its intended use, or which reduce that use so much that the buyer would not have purchased it, or would have paid a lower price, had they known of the defects.

10.3.2. Article 1648 paragraph 1 of the Civil Code: action based on redhibitory defects must be brought by the buyer within two years of discovery of the defect. In the case provided for in Article 1642-1, the action must be brought, on pain of forfeiture, within one year following the date on which the seller may be discharged from apparent defects or lack of conformity.

10.4. Implementation
10.4.1. Any claim under the legal warranty of conformity or hidden defects must be submitted to BEAL (Address: Chemin de Montplaisir, 38780 Pont-Évêque, France. Tel: +33 4 74 78 88 88. Email: commercial@beal-planet.com) as guarantor of conformity of the Products with the contract.

10.4.2. Legal warranty of conformity
The Customer has two (2) years from delivery of the Product to act. The Customer may choose repair or replacement, provided that this choice does not entail a manifestly disproportionate cost given the value of the Product or the importance of the defect. BEAL must then proceed, unless impossible, according to the Customer’s chosen option. The Customer is not required to prove the existence of the lack of conformity during the twenty-four (24) months following delivery. The legal warranty of conformity applies independently of any commercial warranty that may be granted.

10.4.3. Warranty against hidden defects
If the Customer chooses to invoke the warranty against hidden defects under Article 1641 of the Civil Code, they may choose between rescission of the sale or a price reduction under Article 1644 of the Civil Code.

10.5. Commercial warranty
Unless otherwise stated in the Contract, Products supplied by BEAL also benefit from a commercial warranty under the conditions and limits described in the documentation supplied with the Products. In any event, the warranty does not apply in cases of defect or failure resulting from: force majeure or unforeseeable events; normal wear of the Products; negligence, especially in storage; use not compliant with the conditions in the technical documentation, or not compliant with BEAL instructions or with applicable practices, laws and regulations; repairs, alterations, interventions or modifications made without BEAL’s prior written consent; failure to follow the Product use process; or lack of maintenance. Unless otherwise stated in the contract, the warranty applies only to defects occurring within three (3) years from the delivery date defined in Article 5. To claim under the warranty, the Customer must notify BEAL without delay and in writing of the defects attributed to the Products and provide all evidence as to their reality. The Customer must allow BEAL every opportunity to verify these defects and remedy them. Defective Products will be replaced by BEAL after the Customer returns them at BEAL’s expense. If the origin of the defect falls under one of the cases listed in this Article, transport costs will be fully re-invoiced to the Customer.

10.6. Any warranty is excluded in case of use or storage not in compliance with the provisions set out in the documentation attached to the Products.

10.7. BEAL shall not be considered responsible or in default if it proves that delay or non-performance is due to force majeure or attributable to the Customer.

ARTICLE 11. PERSONAL DATA
For the purposes of order management, BEAL may process the Customer’s personal data under the conditions defined in its privacy policy. The Customer is invited to consult the following page to learn about the processing conditions implemented: https://www.beal-planet.com/policies/legal-notice

ARTICLE 12. INTELLECTUAL PROPERTY
The content of the Website is the property of BEAL, as are the intellectual property rights relating to the ordered Products, including any trademarks affixed thereto, protected by French and international intellectual property laws. Any total or partial reproduction of this content is strictly prohibited and may constitute an act of infringement.

ARTICLE 13. GENERAL PROVISIONS
13.1. If one or more provisions of these GTCS are held to be invalid or declared invalid under a law, regulation, or a final decision of a competent court, the remaining provisions shall retain their full force and scope.

13.2. These GTCS and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.

13.3. Unless proven otherwise, data recorded by BEAL constitute proof of all transactions.

13.4. Any contract concluded with the Customer corresponding to an order exceeding 120 euros including tax will be archived by BEAL for ten (10) years pursuant to Article L.213-1 of the Consumer Code. BEAL archives this information to ensure transaction tracking and to provide a copy of the contract at the Customer’s request.

13.5. In the event of a dispute, BEAL may prove that its electronic tracking system is reliable and guarantees transaction integrity.

ARTICLE 14. APPLICABLE LAW – DISPUTE RESOLUTION
14.1. All clauses in these GTCS and all sales operations referred to herein are governed by French law.

14.2. In the event of a dispute, the parties will seek an amicable solution. The Customer is informed of the possibility of using, in case of disagreement, conventional mediation or any other alternative dispute resolution method. After a prior written request by the Customer to BEAL, a mediator may be contacted for any consumer dispute that has not been resolved. The Customer may also submit claims on the European Commission’s online dispute resolution platform at: http://ec.europa.eu/consumers/odr/. The European Commission will forward the Customer’s claim to the competent notified national mediators.

14.3. Failing agreement within two (2) months from notification of the dispute to the other party, all disputes to which these GTCS may give rise, concerning their validity, interpretation, performance, termination, consequences and follow-up, shall be submitted to the competent courts under ordinary law conditions.

If you are a professional:

ARTICLE 1. ACCEPTANCE – ENFORCEABILITY
These General Terms and Conditions of Sale (GTCS) apply automatically to all sales of products (hereinafter the “Products”) concluded by BEAL SAS, whose registered office is located at Chemin de Montplaisir, 38780 Pont-Évêque, France, registered with the Trade and Companies Register of Vienne under number 301 212 510 (hereinafter “BEAL”), on the website b2b.beal-planet.com (hereinafter the “Website”), with any non-professional purchaser (hereinafter the “Customer”) who accepts them, acknowledges having full knowledge of them, and therefore waives the right to rely on any contradictory document. No document other than these GTCS may create obligations for the parties or depart from these GTCS unless set out in a written document signed by both parties. The GTCS are accessible at any time on the Website and shall prevail, where applicable, over any prior version or any other contradictory document. The Customer may request that BEAL send the GTCS by email. The Customer may also save, print, or copy this document, it being specified that such saving, printing, or copying is the Customer’s sole responsibility, as these GTCS may be subject to change. Amendments to these GTCS are enforceable against Customers from the date they are posted online and apply to transactions concluded after they are posted online.

To order the selected Products, after clicking “Checkout”, the Customer must log in, either by entering their email address and confidential password if they have already created an account, or by clicking “Create my account” if not. In that case, the Customer must complete the form provided, indicating all information required for identification, in particular surname, first name, postal address, and telephone number. The Customer must also provide their email address and a password of their choice, which will be personal and confidential and required for future logins on the Website. The Customer is informed and accepts that entering these two identifiers constitutes proof of identity. Once identified, the Customer must confirm the delivery address. An order form will appear on screen detailing in particular: the type, quantity and price of the Products chosen, the total order amount, Customer contact details, the latest delivery date, and the delivery address. The Customer may correct any errors before confirming the order. If so, a new order form will be automatically issued.

5.5. Except in special cases or where one or more Products are unavailable, ordered Products will be delivered in a single shipment.

ARTICLE 6. PRICE – PAYMENT
6.1. Products are sold at the prices in force shown on the Website when BEAL records the order. Prices are expressed in Euros including all taxes. They do not include transport and delivery costs, which are invoiced, where applicable, in addition at the rate applicable on the order date and communicated to the Customer before the order is placed.
BEAL reserves the right to change its prices at any time, it being specified that the price shown on the order form issued by BEAL is the final price and includes transport and delivery costs.

6.4. An invoice is issued by BEAL and provided to the Customer upon delivery. A detailed printable invoice will also be available on the Website in the “My account” section.

6.6. Specific pricing and possible adjustment
Where special pricing conditions have been granted to a customer, the prices displayed on the B2B site may not reflect the exact applicable rates. In this situation, the customer acknowledges that the amounts indicated when ordering online are for information only. The final price is binding only at the time the invoice is issued by BEAL’s accounting department.
Consequently, the customer undertakes not to rely on the purchase order automatically generated by the site, but to refer exclusively to the invoice sent by BEAL, which prevails over any other document.

7.4. Return procedure. The Customer must return or hand back the Products in perfect condition to the following address: Chemin de Montplaisir, 38780 Pont-Évêque, France, without undue delay and in any case no later than fourteen (14) days after communicating their withdrawal decision to BEAL. This period is deemed respected if the Customer returns the Products before the fourteen (14) days expire.
If returned Products have depreciated due to handling other than that necessary to establish their nature, characteristics and proper functioning, BEAL reserves the right to hold the Customer liable and request compensation proportional to the purchase price. Return costs are borne exclusively by the Customer.

7.5. Exclusions from the right of withdrawal. Under Article L.221-28 of the French Consumer Code, the right of withdrawal is excluded for certain Products, namely:
• Products unsealed by the Customer that cannot be returned for hygiene or health-protection reasons (for example, and without limitation: ropes, harnesses, etc.);
• Products made to the Customer’s specifications or clearly personalized.

ARTICLE 8. RETENTION OF TITLE
IN ANY EVENT, OWNERSHIP OF THE ORDERED PRODUCTS WILL TRANSFER TO THE CUSTOMER ONLY AFTER FULL PAYMENT OF THE PRICE BY THE CUSTOMER.
The Customer must ensure that the Products remain identifiable after delivery.

10.4.2. Legal warranty of conformity
The Customer has two (2) years from delivery of the Product to act. The Customer may choose repair or replacement, provided that this choice does not entail a manifestly disproportionate cost given the value of the Product or the importance of the defect. BEAL must then proceed, unless impossible, according to the Customer’s chosen option.
The Customer is not required to prove the existence of the lack of conformity during the twenty-four (24) months following delivery.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.

Unless otherwise stated in the contract, the warranty applies only to defects occurring within three (3) years from the delivery date defined in Article 5.
To claim under the warranty, the Customer must notify BEAL without delay and in writing of the defects attributed to the Products and provide all evidence as to their reality. The Customer must allow BEAL every opportunity to verify these defects and remedy them.
Defective Products will be replaced by BEAL after the Customer returns them at BEAL’s expense. If the origin of the defect falls under one of the cases listed in this Article, transport costs will be fully re-invoiced to the Customer.

10.6. Any warranty is excluded in case of use or storage not in compliance with the provisions set out in the documentation attached to the Products.

10.7. BEAL shall not be considered responsible or in default if it proves that delay or non-performance is due to force majeure or attributable to the Customer.

13.2. These GTCS and the order summary sent to the Customer form a contractual whole and constitute the entire contractual relationship between the Parties.

13.3. Unless proven otherwise, data recorded by BEAL constitute proof of all transactions.

13.5. In the event of a dispute, BEAL may prove that its electronic tracking system is reliable and guarantees transaction integrity.

ARTICLE 14. APPLICABLE LAW – DISPUTE RESOLUTION
14.1. All clauses in these GTCS and all sales operations referred to herein are governed by French law.