Terms of service
LEGAL NOTICES AND GENERAL CONDITIONS OF SALE – BEEMOVER SA
1. LEGAL INFORMATION
Site editor:
Beemover SA
Roua de Pra Martin 1
1981 Vex
Switzerland
IDE number: CHE-230.837.541
Swiss VAT number: CHE-230.837.541 VAT
OSS VAT number: FR65929100485
Director of publication:
Yan Eric Berchten, sole administrator of Beemover SA
Responsible for processing personal data:
Beemover SA
Contact:
Email: contact@corten-house.com
Telephone Switzerland: +41 79 205 98 32
Telephone France: +33 7 61 45 83 25
Host:
Shopify Inc.
150 Elgin Street, Suite 800
Ottawa, Ontario K2P 1L4
Canada
2. SCOPE AND TERRITORIES SERVED
Beemover SA markets outdoor cooking equipment, fire pit grills, accessories and associated products under the brand Corten House.
These General Conditions of Sale, hereinafter “CGV”, govern sales made on the site. Corten House to consumer and professional customers.
Beemover SA markets its products in particular:
- in Switzerland;
- in the Member States of the European Union, including the Canary Islands;
- in Norway;
- in the United Kingdom;
- in the United States of America;
- in Canada;
- in Australia;
- as well as in any other country or territory offered as a delivery destination on the site.
Mandatory provisions protecting consumers in their country, state, province or territory of residence remain applicable when they cannot legally be excluded by these General Terms and Conditions.
The essential characteristics, dimensions, materials, compatibilities and special conditions of the products are indicated on their product sheets.
Certain accessories or products may be subject to personalization, in particular engraving. This characteristic is then indicated before ordering.
3. ACCEPTANCE OF THE CONDITIONS AND FORMATION OF THE CONTRACT
Any order placed on the site implies acceptance of these General Terms and Conditions.
Before final validation of the order, the customer can check:
- the selected products;
- their essential characteristics;
- quantities;
- the price;
- the currency;
- any taxes collected;
- delivery costs;
- as well as the total amount to be paid.
The client can correct any errors before final validation.
Validation of the order implies an obligation to pay.
After validation, the customer receives an order confirmation by email on a medium that he can keep.
The applicable General Terms and Conditions are those in force on the date of validation of the order.
4. PRODUCTS, ORDERS AND AVAILABILITY
The products are offered while stocks last or, when expressly indicated, in the form of pre-order.
Photographs and representations of the products are intended to give as faithful a representation as possible.
Slight differences in color or appearance may result in particular from the natural characteristics of the materials, their evolution or the customer's display settings.
Corten steel is an evolving material whose color and appearance change naturally during the oxidation process.
If it is impossible to execute an order, in particular due to exceptional unavailability, Beemover SA will inform the customer as soon as possible.
Beemover SA may refuse or cancel an order in the event of:
- proven or reasonably suspected fraud;
- refusal or failure of payment;
- obvious pricing error;
- obviously erroneous information provided by the customer;
- or legitimate impossibility of executing the order.
When an order is canceled by Beemover SA, any amount collected and no longer legally due is refunded to the customer.
5. PRICES, CURRENCIES, TAXES AND FEES
5.1 Prices and currencies
Prices are displayed in the currency offered on the site for the country or market selected by the customer.
Depending on the market concerned, prices may notably be offered in:
- euros (EUR);
- Swiss francs (CHF);
- pounds sterling (GBP);
- Norwegian crowns (NOK);
- American dollars (USD);
- Canadian dollars (CAD);
- Australian dollars (AUD);
- Danish crowns (DKK);
- Swedish crowns (SEK);
- Polish zlotys (PLN);
- Czech crowns (CZK);
- Hungarian forints (HUF);
- Romanian lei (RON);
- or in any other currency offered on the site for the relevant market.
The currency applicable to the transaction as well as the total amount to be paid are displayed to the customer before final validation of the order.
Unless otherwise stated, an order is billed, collected and refunded in the currency displayed and used in the original transaction.
Any free delivery offers, discounts, promotional thresholds or other commercial conditions may be adapted to the selected country and currency.
The applicable conditions are those displayed to the customer at the time of the order.
Beemover SA may adapt its prices from one market to another in particular to take into account:
- exchange rates;
- local taxation;
- logistics costs;
- applicable duties and taxes;
- and commercial conditions specific to the market concerned.
Prices displayed in different currencies do not necessarily constitute the exact arithmetic conversion of a reference price expressed in another currency.
The applicable price is exclusively that displayed in the currency selected by the customer at the time of validation of the order.
5.2 Taxes, duties and fees
Prices include taxes that Beemover SA is legally required to collect at the time of sale.
Depending on the country or territory of destination, local taxes, import duties, customs duties, customs clearance fees, brokerage fees or other levies may apply.
When Beemover SA is legally required to collect these amounts when ordering, they are included in the price or clearly indicated before payment.
When certain duties, taxes or fees are not collected by Beemover SA and must be paid directly to the authorities, the carrier, a broker or another intermediary, this information is communicated to the customer before the conclusion of the order when the applicable regulations require it.
The customer remains responsible for paying the amounts legally due to these third parties when they are not collected by Beemover SA.
Any exchange fees, international commissions or other bank charges applied directly by the customer's bank, card issuer or payment provider are not invoiced by Beemover SA and remain independent of the price displayed on the site.
5.3 Reimbursements and exchange rate variations
When a refund is due, it is made in the currency of the initial transaction, unless mandatory legal provision or agreement to the contrary.
Beemover SA reimburses the nominal amount due in this currency.
When the customer's means of payment involves a conversion into another currency, Beemover SA cannot guarantee that the equivalent value actually credited to the customer's account will be identical to that initially debited.
A possible difference resulting in particular:
- a change in the exchange rate;
- the conversion rate applied by the bank or payment provider;
- or exchange fees charged by a third party,
remains independent of Beemover SA, unless otherwise required by law.
5.4 Special provisions for markets outside the European Union
For sales made in particular in Switzerland, the United Kingdom, Norway, the United States, Canada and Australia, prices may be presented directly in the local currency of the market concerned.
So, depending on the market:
- Switzerland: Swiss franc (CHF);
- United Kingdom: pound sterling (GBP);
- Norway: Norwegian krone (NOK);
- United States: American dollar (USD);
- Canada: Canadian dollar (CAD);
- Australia: Australian dollar (AUD).
The fact that a price is displayed and collected in the customer's local currency does not modify the tax, customs or import rules applicable to the destination.
Any duties, taxes or fees not collected by Beemover SA remain subject to the rules of the country or territory of destination.
5.5 Special provisions in the Canary Islands
Prices to the Canary Islands may be displayed in euros (EUR).
The Canary Islands being part of Spain but being located outside the territory of application of VAT of the European Union, their specific tax regime remains applicable regardless of the currency used for the order.
Goods shipped to the Canary Islands may be subject to import formalities.
Depending on the nature and value of the products, importation may in particular result in the application of:
- of the IGIC – Impuesto General Indirecto Canario;
- the AIEM when it is applicable;
- declaration, customs clearance or management fees charged by the authorities, the carrier or its representative;
- and, where applicable, any other legally applicable taxation.
When these amounts are not directly collected by Beemover SA when ordering, they remain to be paid according to the terms imposed by the authorities or intermediaries concerned.
Before validating his order, the customer is informed of the transport costs invoiced by Beemover SA and of the possible existence of additional costs or taxes which cannot reasonably be calculated or collected by Beemover SA at the time of the sale.
Refusal by the customer to complete an import formality or to pay a sum of which he had been previously informed may result in the impossibility of delivering the product.
In this situation, the actual costs of return, storage, representation or re-presentation of the product may be charged to the customer or deducted from the amounts to be reimbursed to the extent permitted by applicable legislation.
6. PAYMENT
The payment methods available are those offered when ordering.
They may include:
- bank cards;
- PayPal;
-TWINT;
- Mollie;
- Klarna;
- bank transfer;
- or any other means of payment offered on the relevant market.
Payments can be processed in particular by Shopify Payments, Mollie, PayPal, Klarna or any other payment provider used by Beemover SA.
The order must be paid in full before shipping, unless special conditions apply to pre-orders or express agreement from Beemover SA.
In the event of split, deferred or deposit payment, the corresponding conditions are indicated to the customer before validation of the order.
7. DELIVERY
7.1 Destinations and carriers
Beemover SA delivers to the countries and territories offered as delivery destinations on the site, including:
- in Switzerland;
- in the European Union;
- in the Canary Islands;
- in Norway;
- in the United Kingdom;
- in the United States;
- in Canada;
- in Australia.
Deliveries can in particular be made by DPD, Geodis, Kuehne + Nagel, GLS, SwissPost, Mondial Relay, DHL or any other carrier or logistics partner selected by Beemover SA.
The applicable delivery time or period is communicated to the customer when ordering.
It may vary depending on:
- the destination;
- product availability;
- its weight;
- its volume;
- its mode of transport;
- any customs or import formalities.
For international destinations requiring customs clearance, processing times by relevant authorities or intermediaries may affect the delivery date.
When the completion of formalities requires information or a document from the recipient, the recipient undertakes to provide it within a reasonable time.
For bulky products, including fire pit grills shipped on a pallet, the carrier or its local agency may contact the customer directly to agree on delivery terms.
The customer must provide an address, telephone number and contact details enabling the delivery to be carried out correctly.
7.2 Canary Islands
Deliveries to the Canary Islands are subject to specific transport conditions taking into account the destination, weight and volume of the products as well as import formalities.
The applicable transport costs are communicated to the customer before final validation of the order.
The delivery time may be longer than that applicable to mainland Spain due in particular to maritime or multimodal transport and import formalities.
When the completion of a formality requires information or a document from the recipient, the recipient undertakes to provide it within a reasonable time.
7.3 Late delivery
Beemover SA undertakes to deliver the products on the date or within the delivery period communicated to the customer when ordering, subject to applicable legal provisions.
When an order is finally delivered and accepted by the customer, simply exceeding the delivery time does not automatically give right to reimbursement of transport costs, unless mandatory legal provision to the contrary or other right to compensation provided for by applicable legislation.
When a customer considers that delivery before a specific date constitutes an essential condition of his purchase, in particular due to a particular event, it is his responsibility to expressly inform Beemover SA before concluding the order so that this requirement can be taken into account and, where applicable, accepted by Beemover SA.
When this mandatory date has been expressly brought to the attention of Beemover SA before the conclusion of the contract and accepted by Beemover SA, its non-compliance may allow the consumer to immediately terminate the contract when the applicable legislation so provides, without an additional delivery period necessarily having to be granted.
A date or deadline may also be considered essential when this quality clearly results from the circumstances surrounding the conclusion of the contract, in accordance with the applicable legislation.
Apart from these situations, when a delay in delivery gives the consumer a right to terminate the contract only after the granting of an additional period, the consumer must first ask Beemover SA to make delivery within a reasonable additional period when the applicable legislation so provides.
If Beemover SA does not make delivery within this additional period, the consumer may terminate the contract under the conditions provided for by applicable legislation.
When the contract is validly terminated due to a delay or failure to deliver, Beemover SA reimburses the sums whose restitution is required by applicable legislation, including delivery costs when these must legally be reimbursed.
The provisions of this article do not limit the specific mandatory rights that may be enjoyed by consumers in their country, state, province or territory of residence, including in the European Union, the United Kingdom, Norway, the United States, Canada and Australia.
7.4 Inspection of the goods upon delivery
When receiving the order, the customer is invited, to the extent that the delivery conditions allow, to check the goods in the presence of the delivery person and before signing the delivery document.
The customer is particularly invited to check:
- the number of packages received;
- the apparent condition of the packaging;
- the apparent conformity of the delivery;
- as well as, where possible, the condition of the products after unpacking.
In the event of a missing package, deterioration or visible damage, the customer is invited to enter precise, detailed reservations on the slip or delivery document corresponding to the problem actually observed.
The reservations must, as far as possible, make it possible to identify the package or product concerned as well as the nature of the damage noted.
General notices such as “subject to unpacking”, “damaged package” or any wording that does not make it possible to precisely identify the problem may be insufficient to establish the nature and extent of the damage with the carrier.
When apparent damage is significant enough to justify the refusal of the goods, the customer may refuse the package(s) concerned and is asked to indicate precisely the reason for the refusal on the carrier's document.
The customer is also invited to:
- take photographs of the packaging before opening;
- photograph the transport labels;
- photograph the damage observed on the packaging and on the product;
- retain, as far as possible, the packaging and packaging elements concerned;
- contact Beemover SA as soon as possible at [contact@corten-house.com](mailto:contact@corten-house.com) indicating the order number and attaching photographs as well as a copy of the delivery document when available.
When non-apparent damage is discovered after the carrier's departure, the customer is invited to contact Beemover SA as soon as possible and to keep any element allowing the damage to be documented.
These checks, reservations, photographs and information are intended to facilitate the processing of the file, the identification of the origin of the damage and possible recourse to the carrier.
The absence, insufficiency or imprecision of reservations upon delivery does not, however, deprive a consumer of the mandatory rights and guarantees which he benefits from with regard to Beemover SA under the applicable legislation.
For professional customers, the specific rules applicable to the transport of goods and reservations made to the carrier remain applicable.
7.5 Failure or refusal of delivery attributable to the customer
The customer must provide accurate, complete and sufficient information when ordering to enable the delivery to be carried out correctly and, when necessary, remain contactable in order to allow the carrier to organize it.
When delivery cannot be made for a reason attributable to the customer, in particular in the case of:
- incorrect or incomplete delivery address;
- incorrect or insufficient contact information;
- absence of the recipient at a previously agreed delivery appointment;
- inability to contact the recipient despite reasonable attempts by the carrier;
- failure to collect the goods within the communicated deadline;
- refusal of delivery without legitimate reason;
- inability to access the delivery location due to a constraint which had not been previously reported;
- failure to transmit information or a document necessary for delivery, customs clearance or import formalities;
and the goods are returned to Beemover SA, the return costs actually invoiced to Beemover SA by the carrier are the responsibility of the customer, to the extent permitted by applicable legislation.
These fees correspond to the real and justifiable costs incurred by returning the goods and do not constitute a penalty.
When Beemover SA has paid these costs directly to the carrier, their amount may be re-invoiced to the customer or, to the extent authorized by applicable legislation, deducted from the sums which may have to be reimbursed to him.
The customer may also be invoiced, under the same conditions, for the actual costs of storage, re-presentation, reshipping or other logistical costs directly caused by the delivery failure attributable to him.
In the event of a new shipment requested by the customer after return of the goods, the new applicable transport costs are communicated to him before any reshipment and remain his responsibility, unless mandatory legal provision to the contrary.
The simple refusal to take possession of an order presented by the carrier does not constitute, in itself, the exercise of the right of withdrawal.
When a customer wishes to exercise a legal right of withdrawal, he must inform Beemover SA in accordance with the provisions of article 8 of these General Terms and Conditions. The specific rules relating to withdrawal and return costs then apply.
The provisions of this article do not apply when the failure or refusal of delivery results in particular from:
- an error attributable to Beemover SA;
- a failure by the carrier which is not attributable to the customer;
- damaged or non-compliant merchandise;
- a delivery clearly different from that ordered;
- or any other reason legally giving the customer the right to refusal or return free of charge.
7.6 Transfer of risks
For consumers, the risks of loss or damage are transferred when the customer, or a third party designated by him other than the carrier, takes physical possession of the product, subject to the applicable mandatory provisions.
Upon delivery, the customer is invited to check the apparent condition of the goods and their packaging in accordance with article 7.4 of these General Terms and Conditions.
The absence of reservations upon delivery does not deprive the consumer of the legal rights and guarantees from which he benefits.
8. RIGHT OF WITHDRAWAL AND RETURNS
8.1 European Union, Norway and United Kingdom
Consumers legally benefiting from a right of withdrawal in the context of a distance sale have in principle a period of fourteen (14) days from receipt of the product to notify their decision to withdraw, without having to provide a reason.
This provision applies in particular to consumers:
- from the European Union, including those residing in the Canary Islands;
- from Norway;
- from the United Kingdom.
When several products forming part of the same order are delivered separately, the starting point of the period is determined in accordance with applicable legislation.
The customer may exercise his right of withdrawal by any clear and unequivocal declaration addressed to:
contact@corten-house.com
The form at the end of these General Terms and Conditions can also be used.
After notification of his decision, the customer must return the products within the time limit provided for by the regulations applicable to him.
8.2 Return costs
Direct return costs resulting from a simple withdrawal are the responsibility of the customer.
Beemover SA does not offer free returns when exercising the right of withdrawal.
This rule also applies when, following a validly notified withdrawal, the goods are returned directly to Beemover SA by the carrier after having been refused when presented to the customer.
When Beemover SA advances the return costs to the carrier, these costs remain the responsibility of the customer to the extent permitted by applicable legislation.
For products that can normally be returned by post, the customer freely chooses a suitable shipping method.
For products which, due to their weight or dimensions, cannot normally be returned by post, in particular fire pit grills, suitable transport, generally on a pallet, is necessary.
8.3 Return cost – European Union
For destinations in the European Union served by Beemover SA's standard logistics scale, excluding territories subject to special logistics conditions such as the Canary Islands, the cost of returning a bulky product is estimated at a maximum amount of approximately €329, or its indicative equivalent in the currency displayed to the customer.
Actual price varies depending on country, product and shipping conditions.
The customer can obtain an estimate corresponding to his country and the product concerned upon simple request from customer service.
8.4 Return cost – Canary Islands
For products which, due to their weight or dimensions, cannot normally be returned by post, in particular fire pit grills, the cost of return transport from the Canary Islands is estimated at a maximum amount of around €600.
The actual price may vary depending on the island, the product concerned, its dimensions, its weight, its packaging as well as the pricing conditions of the carrier at the time of return.
The customer can obtain, upon simple request from customer service, an estimate corresponding to the product and its place of delivery.
The customer remains free to organize the return themselves with the carrier of their choice, subject to using a mode of transport adapted to the weight, dimensions, nature and value of the product.
At the customer's request, Beemover SA can also organize return transport with one of its partners.
The corresponding price is communicated to the customer before any reservation and remains entirely their responsibility in the context of a simple withdrawal.
8.5 Return cost – Norway and United Kingdom
For products which cannot normally be returned by post, the cost or a reasonable estimate of the return cost applicable to Norway or the United Kingdom is communicated to the consumer before the conclusion of the order in accordance with the applicable regulations.
Any export or re-import formalities required for return may result in additional costs.
When these costs are directly linked to a simple withdrawal and can legally be charged to the consumer, they remain their responsibility.
8.6 Choice of return carrier
The customer remains free to organize the return themselves with the carrier of their choice.
The selected mode of transport must be suitable:
- by weight;
- dimensions;
- to nature;
- to the value;
- and the packaging of the product.
The product must be sent to the return address previously communicated by Beemover SA.
At the customer's request, Beemover SA can also contact one of its transport partners to organize the return.
The corresponding price is communicated before any transport reservation and remains the responsibility of the customer in the context of a simple withdrawal.
8.7 Condition and packaging of returned products
The products must be properly protected and packaged to allow their transport in suitable conditions.
Where reasonably possible, it is recommended to keep the original packaging and pallet until the withdrawal period has expired.
The consumer may handle the product to the extent necessary to establish its nature, characteristics and proper functioning.
He may be held responsible for depreciation resulting from manipulations going beyond what is necessary for this verification.
8.8 Reimbursement in the event of withdrawal
In the event of valid withdrawal, Beemover SA reimburses the sums legally required to be returned.
When applicable regulations require it, reimbursement includes:
- the price of the product;
- as well as the cost corresponding to the standard delivery method offered when ordering.
If the customer has expressly chosen a more expensive delivery method than the standard method offered, the corresponding supplement is not refunded.
The direct costs incurred to return the goods remain the responsibility of the customer when it is a simple withdrawal, including when the return occurs directly following a refusal of delivery accompanied or followed by a validly exercised withdrawal.
Beemover SA may defer reimbursement until recovery of the product or until receipt of sufficient proof of its shipment when authorized by law.
The refund is made, unless otherwise agreed, by the same means of payment as that used when ordering.
It is carried out in the currency of the initial transaction.
Beemover SA is not responsible for any difference resulting from a variation in an exchange rate or fees applied by the customer's bank or payment provider.
When import taxes or fees have been paid directly by the customer to an administration, a carrier or an intermediary and have not been collected by Beemover SA, their possible reimbursement is subject to the procedures applicable to the organization that collected these sums.
8.9 Exceptions to the right of withdrawal
The right of withdrawal does not apply in the situations provided for by applicable legislation.
It may in particular be excluded for goods made according to the consumer's specifications or clearly personalized.
This exclusion may in particular concern certain products or accessories engraved, personalized or made specifically at the customer's request.
When a product is not eligible for the right of withdrawal, this information is communicated before the order.
8.10 Customers domiciled in Switzerland
As Swiss legislation does not provide for a general right of withdrawal for online purchases, Beemover SA contractually grants consumers domiciled in Switzerland the possibility of requesting a return within fourteen (14) days of receipt of their order.
The request must be sent in advance to customer service.
Unless expressly agreed otherwise by Beemover SA:
- initial delivery costs remain the responsibility of the customer;
- return costs remain the responsibility of the customer.
Products must be returned complete and in a condition that allows them to be put back on sale.
Practical details and the return address are communicated by customer service.
8.11 United States, Canada and Australia – returns for change of mind
Consumers residing in the United States, Canada or Australia benefit from the mandatory rights granted to them by the federal, state, provincial, territorial or local laws which apply to them.
Except when a right of withdrawal or cancellation is imposed by applicable legislation or a return option is expressly offered by Beemover SA when ordering, no general contractual right of withdrawal of fourteen (14) days is granted solely because of a change of mind.
When a return for change of mind is accepted on a commercial basis by Beemover SA:
- it must be the subject of prior agreement;
- direct return costs remain the responsibility of the customer;
- Beemover SA does not offer free returns;
- the product must be properly packaged and protected;
- the customer can choose his own carrier, provided that the mode of transport is adapted to the weight, dimensions, nature and value of the product;
- Beemover SA may also, at the customer's request, request a quote from its transport partners.
In the latter case, the price is communicated before any reservation and remains the responsibility of the customer.
These provisions relating to change of mind in no way limit the rights that the consumer may benefit from when a product is defective, non-compliant, damaged or when a mandatory legal guarantee is applicable.
8.12 Professional customers
Unless mandatory legal provision to the contrary or written commercial agreement from Beemover SA, professional customers do not benefit from a right of withdrawal.
Any return accepted on a commercial basis must be previously authorized by Beemover SA.
Return costs remain the responsibility of the professional customer unless otherwise agreed in writing.
9. GUARANTEES
9.1 Legal guarantees
The applicable legal guarantees are independent of the commercial guarantee offered by Corten House.
Consumers benefit from the mandatory rights and guarantees provided by the legislation applicable in their country, state, province or territory of residence.
No provision of these General Terms and Conditions nor any exclusion appearing in the commercial guarantee may have the effect of removing or reducing a mandatory legal guarantee.
When a product is recognized as covered by a legal guarantee requiring compliance at no cost to the consumer, the costs necessary for this compliance are covered in accordance with the applicable regulations.
This may include, depending on the circumstances:
- transport;
- recovery;
- repair;
- replacement;
- or any other measure provided for by law.
Any request relating to a guarantee can be addressed to:
Beemover SA
Roua de Pra Martin 1
1981 Vex
Switzerland
Email: [contact@corten-house.com](mailto:contact@corten-house.com)
Telephone France: +33 7 61 45 83 25
Telephone Switzerland: +41 79 205 98 32
9.2 Information box - French consumers
Legal guarantee of conformity
For sales subject to French consumer law, the consumer has a legal guarantee of conformity for a period of two years from delivery of the good.
During this period, it benefits from the legal rules relating to proof of the existence of the defect.
When the guarantee is applicable, the consumer can request repair or replacement of the good.
Compliance must occur at no cost to the consumer, without major inconvenience and within the time period provided for by the Consumer Code.
When a product is repaired within the framework of the legal guarantee of conformity, the remaining warranty period benefits from the extension provided for by law.
When a replacement is imposed in the circumstances provided for by law even though the consumer had requested a repair, a new legal warranty period may begin from the replacement.
The consumer may, in the cases provided for by law, obtain a reduction in the price by keeping the product or request cancellation of the sale with reimbursement against return of the goods, in particular when:
- the seller refuses repair or replacement;
- compliance does not occur within the legal deadline;
- it causes a major inconvenience to the consumer;
- or the defect persists despite an attempt to bring it into compliance.
When the defect is sufficiently serious, a reduction in the price or termination of the contract can be obtained without prior repair or replacement being required.
The cancellation of the sale is not open when the defect is minor.
The period during which the product is immobilized to be repaired or replaced suspends the remaining warranty period under the conditions provided for by law.
These rights result from the articles L.217-1 to L.217-32 of the French Consumer Code.
The consumer also benefits from the legal guarantee against hidden defects provided for in articles 1641 to 1649 of the Civil Code.
The action must be taken within the time limit provided for by law from the discovery of the defect and may allow the consumer, depending on the legal conditions, to keep the good against a reduction in the price or to return it against a refund.
9.3 Commercial guarantee Corten House
Regardless of the applicable legal guarantees, Beemover SA grants a commercial guarantee Corten House covering manufacturing and material defects appearing in the context of normal and intended use of the product.
Duration of the commercial guarantee
The duration of the commercial guarantee is as follows:
- fire pit grills in Corten steel: ten (10) years;
- fire pit grills Corten steel installed less than twenty (20) kilometers from the coast: three (3) years;
- fire pit grills with finish black: two (2) years;
- accessories: two (2) years.
The commercial guarantee runs from the delivery of the product.
Coastal environment
Salty air and coastal environments can accelerate the aging, oxidation and alteration of materials and finishes.
For this reason, the commercial guarantee of fire pit grills Corten steel installed less than twenty (20) kilometers from the coast is limited to three (3) years, compared to ten (10) years under normal conditions of use outside this zone.
For the fire pit grills with finish black, the commercial warranty remains fixed at two (2) years. However, paint damage as well as corrosion phenomena resulting directly or indirectly from exposure to salty air or a coastal environment are not covered by the commercial guarantee.
This exclusion only concerns damage linked to salt exposure. Other manufacturing or material defects covered by the commercial warranty remain covered for the applicable period.
Natural evolution of Corten steel
Corten steel is a naturally evolving material.
Its appearance, its color, its level of oxidation and its patina may vary over time depending in particular on:
- weather conditions;
- humidity;
- the exhibition;
- the environment;
- and frequency of use.
These natural developments do not constitute, in themselves, a manufacturing or conformity defect.
Exclusions from the commercial guarantee
The commercial guarantee Corten House does not cover in particular:
- normal wear and tear of the product;
- damage resulting from improper use;
- non-compliance with the assembly instructions;
- non-compliance with the instructions for use, safety or maintenance;
- shocks, falls or damage resulting from an external cause;
- modifications to the product carried out without authorization from Beemover SA;
- the use of unsuitable products or maintenance processes;
- natural aesthetic variations specific to materials;
- the normal evolution of the patina or oxidation of Corten steel;
- damage caused by a particularly aggressive, corrosive environment or incompatible with the recommendations for use of the product;
- for black models, paint damage or corrosion phenomena linked to exposure to salt air or a coastal environment.
Connection with legal guarantees
The commercial guarantee Corten House is granted in addition to the legal guarantees enjoyed by the consumer.
The durations, limitations and exclusions provided for in this article concern exclusively the commercial guarantee offered by Beemover SA.
They cannot have the effect of removing, reducing or limiting the rights enjoyed by the consumer under the mandatory legal guarantees applicable in their country, state, province or territory of residence.
9.4 Guarantees – United States, Canada and Australia
United States
U.S. consumers are entitled to mandatory rights under federal and state laws that apply to them.
Where U.S. federal regulations governing written consumer product warranties apply, the commercial warranty Corten House is provided in accordance with these requirements.
No provision of the commercial warranty shall be construed as excluding any implied right or warranty where such exclusion is prohibited by applicable law.
Canada
Canadian consumers benefit from the rights and guarantees provided by applicable federal, provincial and territorial legislation.
These rights may vary depending on the province or territory of residence of the consumer, these General Terms and Conditions and the commercial guarantee. Corten House cannot have the effect of removing or reducing a mandatory legal guarantee.
This concerns in particular, when applicable legislation requires it, guarantees relating to the normal use of the product, its conformity, the absence of hidden defects and its reasonable duration.
Australia
Products sold directly by Beemover SA to Australian consumers are subject to mandatory rights applicable under the Australian Consumer Law where applicable.
The guarantees granted by the Australian Consumer Law apply automatically and cannot be excluded or reduced by these T&Cs or by the commercial guarantee Corten House.
Depending on the nature and importance of the defect, these rights may in particular give rise to repair, replacement, reimbursement or any other measure provided for by Australian regulations.
The commercial guarantee Corten House is an additional guarantee which is in addition to these rights and does not replace them.
9.5 Implementation of guarantees
Any request must be addressed to:
contact@corten-house.com
The customer must provide:
- information allowing the order to be identified;
- a description of the problem;
- and, when reasonably necessary, photographs or other elements enabling the defect to be identified.
Beemover SA then informs the customer of the procedure adapted to the situation: diagnosis, supply of a part, repair, replacement or return of the product.
When a return, repair or replacement must legally be carried out at no cost to the consumer, Beemover SA covers the required costs in accordance with applicable legislation.
These provisions are distinct from a simple change of mind or the exercise of a right of withdrawal for which the direct return costs may remain the responsibility of the customer in accordance with these General Terms and Conditions.
10. PROTECTION OF PERSONAL DATA
Beemover SA processes personal data in accordance with applicable regulations, in particular the General Data Protection Regulation where applicable and Swiss data protection legislation.
Treatments may include:
- order management;
- payments;
- delivery;
- customs or import formalities;
- customer service;
- guarantee management;
- fraud prevention;
- commercial communications when authorized;
- traffic analysis and improvement of the site.
The providers used may include Shopify, Shopify Payments, Mollie, Klarna, PayPal, Odoo, Brevo, Klaviyo, Google and Meta.
Some providers may process or host data outside of Switzerland, the European Union or the European Economic Area subject to applicable legal mechanisms.
Complete information relating to processing, cookies and the rights of the persons concerned appears in the Privacy Policy available on the site.
11. CONSUMER MEDIATION – FRANCE
For disputes falling under French consumer law, the consumer must first send a written complaint to Beemover SA in order to attempt to resolve the dispute directly.
In the event of failure of this approach and subject to the applicable admissibility conditions, the consumer can contact the consumer mediator responsible for Beemover SA free of charge:
CM2C
Justice Conciliators Consumer Mediation Center
49 rue de Ponthieu
75008 Paris
France
Telephone:
01 89 47 00 14
Email to declare a dispute:
litiges@cm2c.net
Website:
www.cm2c.net
Recourse to mediation is optional for the consumer and does not deprive him of his right to refer matters to a competent court.
12. RESPONSIBILITY
Beemover SA is responsible for the proper execution of its obligations in accordance with applicable legislation.
Where applicable legislation allows, Beemover SA cannot be held liable for indirect or immaterial damage not resulting directly from a breach attributable to it.
No provision of these General Terms and Conditions may have the effect of excluding or limiting liability when this exclusion or limitation is prohibited by a mandatory legal provision.
Beemover SA cannot be held responsible for non-performance resulting exclusively from:
- due to the customer;
- an event presenting the characteristics of force majeure;
- or, when applicable legislation permits, due to the unforeseeable and insurmountable act of a third party.
The products must be assembled, used, maintained and stored in accordance with:
- to their destination;
- applicable safety rules;
- notices;
- and the recommendations provided by Beemover SA.
13. APPLICABLE LAW AND COMPETENT JURISDICTIONS
These General Terms and Conditions are governed by Swiss law.
However, when a consumer benefits from more protective mandatory provisions under the regulations applicable in his country, state, province or territory of residence, the choice of Swiss law cannot have the effect of depriving him of these protections.
This rule concerns in particular consumers residing:
- in the European Union, including the Canary Islands;
- in Norway;
- in the United Kingdom;
- in the United States;
- in Canada;
- in Australia;
- as well as in any other country or territory whose mandatory provisions are applicable to the sale.
Any dispute involving a consumer falls under the competent jurisdictions determined in accordance with the applicable mandatory rules.
For relations between Beemover SA and a professional client, and unless mandatory legal provision to the contrary, the competent courts of the canton of Valais, Switzerland, have sole jurisdiction.
14. MODIFICATION OF THE T&Cs
Beemover SA may modify these General Terms and Conditions at any time in particular to take into account:
- an evolution of its activity;
- the opening of new markets;
- a change in delivery or payment methods;
- or a regulatory change.
The General Terms and Conditions applicable to an order are those in force at the time of its validation.
Any subsequent modification has no effect on orders already concluded, unless expressly agreed by the parties or legal provision requiring its application.
15. PRE-ORDERS AND NEW PRODUCT LAUNCHES
Some products may be offered as a pre-order before their actual availability.
The nature of the pre-order as well as the expected delivery time or period are indicated to the customer before validation of the order.
Depending on the product, the customer may be required to pay a deposit when ordering and then pay the balance before shipping.
The financial conditions applicable to the pre-order are indicated before its validation.
Certain pre-orders relating to the launch of a new product may be conditional on final confirmation of its entry into production.
When this condition exists, it is brought to the attention of the customer before ordering.
When the launch is ultimately not confirmed, Beemover SA informs the customer.
The customer can then choose between:
- full refund of amounts paid for the pre-order;
- or, when such a solution is offered by Beemover SA, an equivalent or higher range product at no additional cost.
The choice is up to the customer.
The mandatory rights applicable to delivery times and non-delivery remain applicable to products ordered by pre-order.
16. CONTRIBUTION TO THE REP SECTORS – FRANCE
In accordance with French regulations relating to extended producer responsibility, Beemover SA contributes to the sectors applicable to the products and packaging that it places on the French market.
Household packaging sector
Beemover SA joins Citeo for the household packaging sector.
ADEME unique identification number – Packaging:
FR484816_01UUXY
DIY and garden items sector
Beemover SA is a member of Ecomaison under the DIY and garden items sector.
ADEME unique identification number – DIY and garden items:
FR484816_14UVTD
17. ENTIRETY AND SEVERABILITY OF THE CONDITIONS
These General Terms and Conditions constitute, with:
- the information appearing on the product sheet;
- the information displayed before validation of the order;
- and the order confirmation,
the contractual conditions applicable to the sale.
If one of the provisions of these General Terms and Conditions were to be declared void, inapplicable or unenforceable, the other provisions would remain applicable to the fullest extent permitted by the regulations.
ANNEX – STANDARD WITHDRAWAL FORM
To be used only when you benefit from a right of withdrawal.
To the attention of:
Beemover SA
Roua de Pra Martin 1
1981 Vex
Switzerland
Email:
[contact@corten-house.com](mailto:contact@corten-house.com)
I hereby notify you of my decision to withdraw from the contract relating to the sale of the following product(s):
Product(s):
....................................................................................
Order number:
....................................................................................
Order date:
....................................................................................
Date of receipt:
....................................................................................
Consumer name:
....................................................................................
Consumer address:
....................................................................................
....................................................................................
Date:
....................................................................................
Signature of the consumer, only if this form is sent on paper:
....................................................................................