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GENERAL CONDITIONS OF THE WEBSITE

 

Article 1 – Definitions

For the purposes of the present general conditions of the website, the following terms have the following definition:

 

General Terms and Conditions of Use: refer to the sum total of the provisions contained in the present terms and conditions that are intended to regulate the modalities and regulations for access to and use of the websites mentioned below and published by ArcelorMittal Downstream Solutions;

 

User account: refers to an environment reserved for the User that is accessible after registration on our Services by means of a confidential user name and password, and that allows the User to access certain Content located on the Services;

 

Content: refers to, but is not limited to, the structure/architecture of the Services, the editorial content, the videos, the texts, headings, designs, images, photographs, images, sounds, as well as any other content located on the Services and/or any other element that makes up the Services;

 

Sites: refers to the public communication service published by ArcelorMittal Downstream Solutions, which is accessible at the address https://e-steelarcelormittal.com;

 

Service(s): refer to the services accessible from the Sites and published by ArcelorMittal Downstream Solutions.

 

Article 2 – Scope and acceptance of the terms of use

 

2.1. Acceptance of the General Terms of Use

The General Terms and Conditions of Use apply exclusively between the company ArcelorMittal Downstream Solutions and any user wishing to access the Sites and use the Services.

Any connection to the Sites of ArcelorMittal Downstream Solutions and any consultation and use of their Content shall take place within the framework of the present General Terms and Conditions of Use, the purpose of which is to determine the modalities of use of the Services and Content offered on the Sites. Any access to any of the Sites automatically entails the application and full acceptance of the rules and conditions set out in these General Terms and Conditions of Use. If a user refuses to accept the present General Terms and Conditions of Use, he must refrain from any access to the Sites.

Access to certain Services may also be subject to full acceptance of the specific Terms of Use (hereinafter referred to as the 'Specific Terms of Use') or the General Terms and Conditions of Sale (hereinafter referred to as the 'General Terms and Conditions of Sale').

 

2.2. Development of the General Terms and Conditions of Use

The General Terms and Conditions of Use are enforced when connecting to and using the Sites and/or accepted when creating an account. However, ArcelorMittal Downstream Solutions is free to make changes to the General Terms and Conditions of Use at any time, subject to specific mention by ArcelorMittal Downstream Solutions, in order to adapt them to developments in the Services and/or the operation thereof. These are deemed to be accepted without reservation by any User using the Sites after their online publication. ArcelorMittal Downstream Solutions therefore asks the User to consult the General Terms and Conditions of Use regularly.

 

Article 3 – Creation of the User Account

 

3.1. Pre-registration

Access to certain Services may be subject to the creation of a User Account. For this purpose, a registration procedure must be followed in which the User will be asked to choose a personal user name and associated password and to provide personal data (in particular, surname, first name, email address, telephone number) which will enable him/her to be identified and enable access to the Services.

In any case, the User undertakes to provide only accurate and complete data, and also to update them if necessary. In particular, the User undertakes not to use a pseudonym that could infringe the rights of third parties (in particular the use of another person's surname, another person's trademark or works protected by copyright or related rights) for any reason whatsoever and whatever the legal basis.

When creating an account, ArcelorMittal Downstream Solutions may collect personal data in accordance with their legal notices and Privacy Policy. These policies explicitly state how ArcelorMittal Downstream Solutions processes and protects personal data when Users use the Services.

 

3.2. Protection of minors

In order to use and/or access the Sites, minors must have permission from their parents or holders of parental authority over them, in particular before creating a User Account. Please note that the use of an account by a minor always remains the responsibility of the holder of parental authority.

 

3.3. Confirmation of registration

If the data intended to create the User Account does not reach ArcelorMittal Downstream Solutions, the latter shall under no circumstances be held liable for this. This also applies if the data is partially illegible due to a lack of compatibility or technical faults attributable mainly to the User's equipment (Internet server, material, software, etc.).

 

3.4. Using the account

The User's username and password are strictly personal and confidential. The User is solely responsible for the safe storage and use of these data.

Any connection to the ArcelorMittal Downstream Solutions Sites through a User Account and/or any transfer of data carried out through a User Account will be considered as being carried out by the User himself/herself and under his/her sole responsibility. The passwords as well as the login links to the Sites sent by e-mail are confidential data intended exclusively for Users and must never be communicated to third parties.

In the event of loss or theft of the login data, the User concerned undertakes to inform ArcelorMittal Downstream Solutions in writing without delay of the unauthorised use of his User Account and to change his password.

 

Article 4 – External links and third-party services

 

The Sites may provide hyperlinks, give access to information, to content, to services related to other Sites, and may allow access to the services of third parties.

The User expressly acknowledges that ArcelorMittal Downstream Solutions cannot under any circumstances be held liable for any information, content, service or elements available on the Internet sites of third parties or originating from Internet sources of third parties, nor for any damage, alleged or real, that may result from access to or use of this information, content, service or elements available on the Internet sites of third parties or originating from Internet sources of third parties.

Any User accessing the services of third parties is subject exclusively to the special conditions of use and/or sale applicable to the services of third parties.

It should be noted that the Sites containing hyperlinks to these Sites are not under the control of ArcelorMittal Downstream Solutions, which declines any liability for the content of these Sites.

 

Article 5 – Intellectual property

 

5.1. Intellectual property rights relating to the content of ArcelorMittal Downstream Solutions Sites

All elements of the ArcelorMittal Downstream Solutions Sites (mainly the structure, all texts, photographs, videos, data, representations, logos, brand illustrations and other reproduced elements) are reserved and protected under intellectual property law for Belgium and/or the whole world.

ArcelorMittal Downstream Solutions grants the User the inalienable, disinterested, non-exclusive, personal and private permission to use the Services and the Sites for exclusively personal use, in strict compliance with the conditions of use set out in these General Terms and Conditions of Use.

Any unauthorized use of all or part of the elements of the Services and the Sites may give rise to legal action.

 

5.2. Intellectual property rights relating to the contribution pages

Each User guarantees to ArcelorMittal Downstream Solutions that it has the rights necessary to publish and/or share the content and comments that it posts online via the contribution functionalities. Rights are understood to mean the rights covered by the Belgian Intellectual Property Act, in particular copyright, and intellectual property relating to trademarks, drawings or models on any existing or future medium.

ArcelorMittal Downstream Solutions cannot under any circumstances be held liable on the basis of the user content and/or the comments that may have been put online by a User who is not the holder of the rights necessary for the online posting of the aforementioned contestable user content.

All Users waive, free of charge and not exclusively, their rights for the benefit of ArcelorMittal Downstream Solutions and for the entire duration of the intellectual property rights as from the transfer by any means of their user content and comments, and in particular their literary and artistic property, the right to reproduce, display, copy, dispose of, modify, republish, communicate, distribute, adapt and more generally exploit all or part of the user content and comments on the ArcelorMittal Downstream Solutions Sites and all related services for the promotion of the activities of those websites.

These rights are assigned for the whole world and for all exploitation on any medium and by any means of dissemination currently known or unknown.

The User expressly acknowledges and accepts that certain user content may be reformatted solely for the technical needs of the permitted exploitations.

The User expressly acknowledges and accepts that no exploitation of the user content and comments permitted within the framework of the present General Terms and Conditions of Use may give rise to any remuneration (in kind or in cash).

 

5.3. Intellectual property rights relating to trademarks

The use and copying of names and/or images deposited by ArcelorMittal Downstream Solutions and the companies in the ArcelorMittal Downstream Solutions group is prohibited without its express permission. In general, any unauthorised reproduction of trademarks, product names, services or companies mentioned on the Sites of ArcelorMittal Downstream Solutions may give rise to legal action.

 

Article 6 – Privacy policy and protection of personal data

 

When using the ArcelorMittal Downstream Solutions Services, Users may be asked to provide data or information of a personal nature in order to access the Services that require user authentication and also to manage and improve the commercial relationship.

For more information on the Sites' practices regarding the protection of personal data, please read the General Terms and Conditions of Sale. These explicitly state how ArcelorMittal Downstream Solutions processes and protects personal data when Users use the Services.

 

Article 7 – Liability and warranty

 

The User acknowledges that ArcelorMittal Downstream Solutions has a commitment of resources for the provision of the Services and will do its utmost to guarantee the accessibility of the Sites and the Services. This accessibility may be interrupted for reasons of maintenance or upgrading, in order to ensure the proper functioning of the Sites, without ArcelorMittal Downstream Solutions being obliged to give prior notice to Users.

For example, ArcelorMittal Downstream Solutions does not offer any guarantee with regard to risks of interruption or malfunction associated with the online connection, the clogging up of networks and/or computer systems, intrusion by unauthorised third parties and contamination by any viruses circulating on the said networks and services.

ArcelorMittal Downstream Solutions cannot be held liable if the interruption or change in the quality of the Sites and Services is due to the unexpected occurrence of a case of force majeure. In particular, the following cases shall be considered as cases of force majeure: exceptionally bad weather conditions, natural disasters, fires and floods, lightning, attacks, interruption and blocking of electronic telecommunication networks, damage caused by viruses whose security devices on the market do not make it possible to eradicate them, as well as any legal or regulatory obligation or public order obligation imposed by the competent authorities which has the effect of substantially modifying the present General Terms and Conditions of Use, or any other event of force majeure or unforeseen event, as defined by the legislation in force and the jurisprudence of the Belgian Court of Cassation.

ArcelorMittal Downstream Solutions undertakes to do its utmost to guarantee the truthfulness and accuracy of the information available on all Sites, but cannot be held liable for their inaccuracy, nor for their use or interpretation by Users.

In general, the User indemnifies ArcelorMittal Downstream Solutions against any appeal or legal action by any person and the possible financial consequences thereof, based on or directly or indirectly resulting from his manipulative actions, or resulting from the use of the Sites, as well as against any alleged violation of the General Terms and Conditions of Use or of the applicable regulatory provisions, and indemnifies ArcelorMittal Downstream Solutions against any appeal, including any dispute that may arise therefrom. This guarantee covers any fees that may be due, as well as lawyers' fees and legal costs within a reasonable limit.

 

Article 8 – Limitation of liability

 

ArcelorMittal Downstream Solutions does not guarantee the performance and changes to the Sites and Services that may occur, given the quality of the Internet and/or the technical configurations, which are not under its control.

ArcelorMittal Downstream Solutions cannot be held liable for any direct or indirect damage whatsoever, including loss of profit, customers, data or any other loss of intangible property, loss of profit or any other loss or damage that may occur due to the use of, or on the contrary due to the inaccessibility of, the Sites, even if ArcelorMittal Downstream Solutions was informed of the possibility of such damage.

If ArcelorMittal Downstream Solutions is held liable as a result of failure to comply with one of its obligations under these General Terms and Conditions of Use, compensation does not apply beyond direct, personal and established damage, with the express exclusion of compensation for all indirect and immaterial damage and detriment, such as financial damage, commercial damage, loss of exploitation and of turnover, loss of data.

 

Article 9 - Divisibility

 

Any partial invalidity, nullity or unenforceability of one or more provisions of these General Terms and Conditions of Use shall not affect the validity and enforceability of the remaining provisions. Where appropriate, the parties undertake to replace the provision in question with a valid and enforceable clause that approximates the original purpose of the provision in question as closely as possible.

 

Article 10 - No waiver

 

The fact that, by way of exception, ArcelorMittal Downstream Solutions does not invoke compliance with a provision forming part of these General Terms and Conditions of Use may in no way be interpreted as a future waiver.

 

Article 11 - Litigation and applicable law

 

These General Terms and Conditions of Use, as well as the relationship existing between the parties, are governed in their entirety and exclusively by the provisions of Belgian law.

The courts of Gent and Namur have exclusive jurisdiction to adjudicate any disputes between User and ArcelorMittal Downstream Solutions.

General Conditions of Sale for Professionals

Article 1 -Comprehensiveness
Article 2 - Content
Article 3 - Order
Article 3Bis - Order during marketing operations in 2019
Article 4 - Electronic signature
Article 5 - Order confirmation
Article 6 - Proof of transaction
Article 7 - Product information
Article 8 - Price
Article 9 - Method of payment
Article 10 - Availability of products
Article 11 - Delivery terms
Article 12 - Errors in delivery
Article 13 - Product warranty
Article 14 - Right of withdrawal
Article 15 - Force majeure
Article 16 - Partial non-validation
Article 17 - No Waiver
Article 18 - Title
Article 19 - Disputes
Article 20 - Applicable Law

General Conditions of Sale for Consumers

Article 1 - Comprehensiveness
Article 2 - Content
Article 3 - Pre-contractual information
Article 4 - Order
Article 4Bis - Order during marketing operations in 2019
Article 5 - Electronic signature
Article 6 - Order confirmation
Article 7 -Proof of the transaction
Article 8 - Product information
Article 9 -Price
Article 10- Method of payment
Article 11- Availability of products - Reimbursement - Resolution
Article 12 - Delivery terms
Article 13 - Delivery errors
Article 14 - Transfer of risks
Article 15 - Product warranty
Article 16 - Right of withdrawal
Article 17 - Force majeure
Article 18 - Intellectual property
Article 19 - Information and Liberties
Article 20 - Partial non-validation
Article 21 - Non-waiver
Article 22- Title
Article 23 - Language of the contract
Article 24 - Mediation
Article 25 - Applicable law



GeneralConditions of Sale for Professionals

Article 1 - Comprehensiveness

These general conditions of sale supplement for some specific legal provisions, the version of the general conditions applicable to professionals outside the internet and prevail over any other document, including all general conditions of purchase. They apply, without restriction or reservation, to all services rendered by the seller to buyers of the same category. The general conditions of sale thus completed expressing the entirety of the obligations of the parties. They constitute the sole basis of the commercial relationship between the parties and, in this sense, the buyer is deemed to accept them unreservedly.

 

The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify these general conditions. The new conditions will be applicable as soon as they are posted online.

 

If a condition of sale were to be missing, it would be considered to be governed either by the general conditions applicable to professionals outside the Internet or to the practices in force in the distance selling sector in France.

 

These general conditions of sale are communicated to any buyer who requests it, in order to allow them to place an order.

 

The supplier reserves the right to derogate from certain clauses of the present agreement, according to the negotiations carried out with the purchaser, by the establishment of particular conditions of sale.

 

The seller may also establish categorical general conditions of sale, derogate from the general conditions of sale, depending on the type of buyer in question, according to objective criteria. The buyers meeting these criteria will then apply these categorical terms and conditions of sale.


Article 2 - Content

These general conditions are intended to define the rights and obligations of the parties in connection with the online sales of goods and materials offered by the seller to the buyer.

These conditions apply only to purchases made online by buyers located in France and delivered exclusively within French territory.

Article 3 - Order

The buyer places their order online, from the online catalogue and using the form on the site.

 

For the order to be validated, the buyer will have to accept, by clicking on these terms and conditions indicated on the site. Its acceptance will result in the sending of a confirmation email from the seller, in accordance with the conditions described below.

 

The buyer will have to choose the address and the delivery method. Payment is made by credit card, or payment through bank account if the buyer has a professional account.

 

Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

 

In some cases, including default of payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.

 

>In case of unavailability of a product ordered, the buyer will be informed by email.

 

The cancellation of the order for this product and its possible refund will then be made, while the rest of the order remains firm and final.

 

For any question relating to the follow-up of an order, the buyer can call or send an e-mail to his agency. The coordinates and times of the agency can be found on the 'Find my agency' page, or in the 'Contact us' area on the homepage.


Article 3Bis - Order during marketing operations in 2019

By ordering on e-steel.arcelormittal.com during an operation marketing (promotion, contest), the buyer automatically agrees to participate and in this case clearly and precisely confirms to have beforehand the agreement of his employer to get the corresponding prize.

 

If he doesn't want to participate, he'll just need to send an email to his agency.

Article 4 - Electronic Signature

The online provision of the buyer's bank details and the final validation of the order will be proof of the purchase agreement as to:

- the enforceability of the sums due under the purchase order;

- the signature and express acceptation of all the operations carried out.

In the event of fraudulent use of the bank details, the buyer is advised, as soon as he/she becomes aware of the transaction, to contact their bank.

Article 5 - Order confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing that, to the address indicated by the buyer within the order.

Article 6 - Proof of the transaction

The records are stored in computer systems under reasonable conditions of safety and will be considered proof of communications, orders and payments between the parties. The filing of purchase orders and invoices are done on reliable and durable support that can be produced as evidence.


Article 7 - 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 dispatched 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 cannot be invoked.

The photographs of the products do not constitute contractual material.

 

Article 8 - Price

The seller reserves the right to change prices at any time but agrees to apply the rates indicated at the time of the order, subject to availability on that date. Prices are stated in euros. They do not take into account the delivery costs that are invoiced. In addition, and indicated before the validation of the order. The prices take account of the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products of the online shop. Payment of the full price must be made when ordering. If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

Article 9 - Method of payment

9.1 Regulation

It is an order with an obligation of payment, which means that the placing of the order involves a payment from the buyer. Payment of the order is made by credit card of the buyer, or by payment on account if the latter has one.

The seller reserves the right to suspend any order management and any delivery in case of refusal of the payment authorization from officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honour an order from a buyer who has not fully paid or a previous order or with whom a payment dispute is in progress.

In the event of online payment, it is recalled that the management of credit card payments is provided by a remote payment provider, BNP Mercante. The latter is certified to the PCI DSStransaction security standard which governs the profession of remote payment providers. When paying via credit card, the Customer's bank details are encrypted using the SSL protocol (protocol for securing exchanges on the Internet).

 

9.2 Term Payment

The price is payable in full and in one instalment within 30 days unless negotiated otherwise between the parties. This period will be counted within 30 days of delivery, which will be mentioned on the invoice sent to the buyer.

 

9.3 Delayed payment

In accordance with the provisions, contained in article 2 of the General Terms and Conditions of Sale, any delay in payment shall entail the immediate payment of all sums due to the seller by the buyer, without prejudice to any other action than the seller would be entitled to bring against the buyer.

Any failure to pay by the Customer by the due date will entitle the Seller, without prior notice, to (i) the payment of interest at EURIBOR three months rate, plus 2%, effective on the date of invoice, and running from the due date (1), and (ii) the payment of a fixed compensation of 40€ fixed by decree (article L.441-6 C.Com), without prejudice to any other rights of the Seller.

 

Article 10 - Availability of products

Except in case of force majeure or during the closing periods clearly announced on the homepage of the site, shipping times will be, subject to stock availability, those indicated during the validation of the order. Shipping times run from the date of registration of the order indicated in the order confirmation e-mail.

 

Delivery times may vary depending on the agency handling the products ordered and their availability.

In the event of a delay, the responsibility of the seller cannot be held responsible, for any reason whatsoever. Therefore, no claim of any kind whatsoever can be claimed by the buyer.

In case of unavailability of the ordered product, the buyer will be informed at the earliest and will have the opportunity to cancel their order. The buyer will then have the choice to request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.

Article 11 - Terms of delivery

Delivery is made only after confirmation of payment by the bank of the seller.

It is provided within a specified time during the validation of the order till the receipt by the seller of the order form.

Any delay greater than 30 days may result in the resolution of the sale. Any instalments paid to this point will then be returned to the buyer.

 

In case of non-compliance with the terms of payment listed above, the seller may cancel the sale.

 

The choice of the delivery method is made at the time of the validation of the order. The modes of delivery offered to depend on the agency selected for the execution of the order. Some of the options that can be offered are:

 

- Pick up from the agency:

 

The buyer comes to collect their order through their own means from the ArcelorMittal agency processing the order, at the address indicated on the contact page. If the buyer has provided their mobile number when registering, they will receive an SMS informing them of the availability. The buyer presents themself with their order confirmation email during the opening hours indicated on the contact page. During the order confirmation, the buyer must accept the conditions of removal of the goods that they must respect when collecting their order.

 

- Delivery: When placing the order, when the buyer indicates their delivery address, this option will be offered if their postal code falls within the scope of delivery. Delivery charges are the responsibility of the customer and calculated automatically when ordering.

 

The products are delivered to the address specified by the buyer on the order form. The buyer must ensure the accuracy of this address. Any order returned to the seller because of an incorrect or incomplete delivery address will be returned at the expense of the buyer. In addition, the delivery address entered by the buyer must be accessible by a road, without danger or risk to the carrier. The buyer must report any difficulty of access, during the order confirmation, via the comment box provided for this purpose. ArcelorMittal reserves the right to refuse the delivery of the Products in certain areas that are difficult to access for the carrier (mountains, islands etc.), and declines any responsibility if any damage occurs at the place of delivery because of difficult access or inappropriate terrain.

 

The buyer can, at their request, can request the sending of an invoice to the billing address and not to the delivery address, by validating the option provided for this purpose in the order form.

 

If at the time of delivery, the original packaging is damaged, torn, or opened, the buyer must then check the condition of the items. If they are damaged, the buyer must imperatively turn down the parcel and write down a reserve on the delivery form (parcel turned down because it is opened or damaged).

 

The buyer must indicate on the proof of delivery and in the form of handwritten notes with signature, any anomaly concerning the delivery (damage, missing product compared to the proof of delivery, damaged package, broken product, etc...).

 

This check is considered to have been made as soon as the buyer, or a person authorized by them has signed the delivery note.

 

The buyer must then confirm these reservations to the carrier by registered mail, no later than two working days after receipt of the item (s) and send a copy of this letter by e-mail to the seller at the address of the seller and the agency fulfilling their order, as indicated on the contact page.

If the products need to be returned to the seller, they must be the subject of a return request from the seller within 2 days of delivery. Any complaint formulated outside this period cannot be accepted. The return of the product can only be accepted for products in their original condition (packaging...).

Article 12 - Errors in delivery

The buyer will have to mutually decide, with the seller, the day of the delivery or at the latest the first working day following the delivery, any claim of error of delivery and/or non-conformity of the products in kind or in quality compared to the indications on the order form. Any claim made after this time will be rejected.

The complaint may be made to the agency concerned, at the choice of the buyer: via telephone, by email.

 

Any claim not made in the rules defined above and within the time limits can not be taken into account and will release the seller from any responsibility vis-à-vis the buyer.

>Upon receipt of the complaint, the goods will be taken back by the seller who will organize the return. Return costs are borne by the seller.

 

Article 13 - Guarantee of products

The seller warrants the buyer against any lack of conformity of the products and any hidden defects in accordance with the provisions contained in articles 4 and 5 of the General Conditions of Sale excluding internet.

Article 14 - Right to retract

As the buyer is a professional purchasing within the scope and for the needs of their profession, it is not necessary to apply the right of retracting provided for by the Consumer Code, except specific derogatory legal cases.

Article 15 - Force majeure

In addition to the provisions contained in Article 9 of the General Terms and Conditions of Sale, all circumstances beyond the control of the parties, preventing the performance of their obligations, under normal conditions, are considered as grounds for exemption from the obligations of the parties and lead to their suspension.

 

The party who invokes the circumstances referred to above must immediately notify the other party of their occurrence, as well as their resolution.

 

All facts or circumstances that are irresistible and unpredictable will be considered as force majeure that cannot be controlled by the will of the parties and cannot be prevented by them, despite all efforts that are reasonably possible. Expressly, cases that are regarded as a case of force majeure or fortuitous cases, besides those usually retained by the jurisprudence of the French courts and tribunals are the blocking of means of transport or supplies, earthquakes, fires, storms, floods, lightning, the shutting down of telecommunication networks or difficulties that are specific to external telecommunication networks of 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 the force majeure condition has a duration greater than three months, these terms and conditions may be terminated by the injured party.

Article 16 - Partial non-validation

If one or more stipulations of the present general conditions are held invalid or declared as such under a law, due to a regulation or following a final decision of competent jurisdiction, the other stipulations will keep all their force and their scope.

Article 17 - No Waiver

For one of the parties not to claim a breach by the other party to any of the obligations referred to in these terms and conditions cannot be interpreted as a waiver of the obligation in question for the future.

Article 18 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent.

Article 19 - Disputes

The Seller reserves the right to bring any dispute against the Buyer before the Courts of the Buyer's domicile. In the case of national sales, only national law will be applicable and disputes will be brought exclusively before the courts of the place of establishment of the Seller.

Article 20 - Applicable law

These terms and conditions are subject to the application of French law, excluding the provisions of the Vienna Convention.

 

The parties undertake to seek an amicable solution to any dispute which could arise from the interpretation or the execution of the Contract.

 

If they do not succeed, the parties will submit the dispute to the Commercial Court of Reims.

General Terms and Conditions of Sale for Consumers

Article 1 - Comprehensiveness

These general conditions express the entirety of the obligations of the parties. In this sense, the buyer is deemed to accept them without reservation.

The present general conditions of sale apply to the exclusion of all other conditions and in particular those applicable for the sales in-store or by means of other channels of distribution and marketing.

They are accessible on the e-steel.arcelormittal.com website and will prevail, if necessary, on any other version or any contradictory document.

The seller and the buyer agree that these terms and conditions exclusively govern their relationship. The seller reserves the right to modify their general conditions. They will be applicable as soon as they are posted online.

If a condition of sale were to be lacking, it would be considered to be governed by the practices in force for the distance selling sector whose companies are headquartered in France.

Article 2 - Content

These terms and conditions are intended to define the rights and obligations of the parties in the context of the online sale of goods offered by the seller to the buyer, on the website e-steel.arcelormittal.com. These conditions only concern purchases made by buyers located in France and delivered exclusively on French territory.

 

These purchases concern products offered for sale on the site e-steel.arcelormittal.com.

 

Article 3 - Precontractual information

The buyer acknowledges having communicated, before placing their order and the conclusion of the contract, in a readable and understandable way, these general conditions of sale and all the information listed in L. 221-5 of the code of consumption.

Article 4 - Order

The buyer has the opportunity to place their order online, from the online catalogue and using the form therein, for any product, within the limits of available stocks.

In case of unavailability of a product ordered, the buyer will be informed by email.

For the order to be validated, the purchaser will have to accept, by clicking in the place indicated, the present general conditions. They will also have to choose the address and the mode of delivery, and finally to validate the mode of payment.

The sale will be considered final:

- after sending the buyer the confirmation of acceptance of the order by the seller via email;

- and after receipt of the full price by the seller.

 

Any order implies acceptance of prices and descriptions of products available for sale. Any dispute on this point will occur in the context of a possible exchange and guarantees mentioned below.

 

In some cases, including non-payment, wrong address or other problem on the account of the buyer, the seller reserves the right to block the order of the buyer until the problem is solved.

 

The cancellation of the order for this product and its possible refund will then be made, with the rest of the order remaining firm and final.

 

For any question relating to the follow-up of an order, the buyer can call or send an e-mail to the agency concerned with fulfilling their order. The coordinates and times of the agency can be found on the 'Find my agency' page, or in the 'Contact us' area on the homepage.

 

 

Article 4Bis - Order during marketing operations in 2019

By ordering on e-steel.arcelormittal.com during an operation marketing (promotion, contest), the buyer automatically agrees to participate and in this case clearly and precisely confirms to have beforehand the agreement of his employer to get the corresponding prize.

If he doesn't want to participate, he'll just need to send an email to his agency.

Article 5 - Electronic signature

The online payment via the buyer's credit card number and the final validation of the order will be proof of the agreement of the buyer to:

- due payment of amounts as per the order form,

- signature and express acceptance of all transactions.

In the event of fraudulent use of the bank card, the buyer is advised, as soon as this use is discovered, to contact his bank.

Article 6 - Order Confirmation

The contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing this, to the address indicated by the buyer in the order form.

Article 7 - Proof of the transaction

The computerized registers, stored in the computer systems of the seller under reasonable conditions of safety, along with orders and payments made between the parties will be considered as proofs of communications. The filing of purchase orders and invoices is completed in a reliable and durable manner so that it can be produced as evidence if the need arises.

Article 8 - Product Information

The products governed by these terms and conditions are those listed 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 in this presentation, the seller cannot be held liable.

The photographs of the products are not contractual in nature.

Article 9 - Price

The seller reserves the right to change prices at any time but agrees to apply the current rates indicated at the time of order, subject to availability on that date.

 

The price indicated is in Euros. They do not take into account the delivery costs, invoiced in addition and indicated before the validation of the order. The prices take into account the VAT applicable on the day of the order and any change of the applicable VAT rate will be automatically reflected on the price of the products displayed in the online shop. Payment of the full price must be made when placing the order. At no time can the sums paid be considered as a deposit or instalments.

 

If one or more taxes or contributions, including environmental, were to be created or modified, up or down, this change can be reflected in the selling price of products.

 

The price is payable in full and in one payment via credit card. Credit card payments are managed by BNP Mercanet, a remote payment provider. The latter is certified to the 'PCI DSS' security standard which governs the profession of remote payment providers. When paying by credit card, the Customer's bank details are encrypted using the SSL protocol (secure exchange protocol on the internet).


Article 10 - Mode of Payment

This order is accompanied by an obligation of payment, which means that the placing of the order involves a payment from the buyer.

The buyer has to make the above-mentioned payment via credit card. The buyer guarantees the seller that it has the necessary authorizations to use the method of payment chosen by it, during the validation of the purchase order. The seller reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment paid by credit card from officially accredited bodies or in case of non-payment. The seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not fully or partially paid for a previous order or with whom a payment dispute is in progress.

The payment of the price is made in advance along with the order, according to the following modalities: payment by credit card.
Payments made by the buyer will not be considered final until after receipt of the sums due by the seller.

Article 11 - Product Availability - Refund - Resolution

Except in case of force majeure or during periods of closure of the online store which will be clearly announced on the home page of the site, shipping times will, within the limits of available stocks, be the same as those indicated during the validation of the order.

Shipping times run from the date of registration of the order indicated on the order confirmation e-mail.

Delivery times may vary depending on the agency of origin of the products ordered and their availability.

In case of unavailability of the product ordered, the buyer will be informed at the earliest and will have the opportunity to cancel his order. The buyer will then have the choice to either request the refund of the sums paid within 30 days at the latest, from the date of their payment, or exchange of the product.

Article 12 - Terms of delivery

Delivery means the transfer to the consumer of physical possession or control of the property. It is made only after confirmation of payment by the bank of the seller.

The ordered products are delivered according to the following modalities: the choice of the delivery method is made at the time of the validation of the order. The modes of delivery offered to depend on the agency selected for the completion of the order.

 

Among the options that can be proposed are:

  1. Agency pick-up: The customer can choose to pick up the products themselves from the ArcelorMittal agency fulfilling their order, at the address indicated on the contact page. If they have provided their mobile number when registering, the buyer will receive an SMS to inform them of the availability of their order. They have to present themselves along with their order confirmation email during the opening hours indicated on the contact page. During the confirmation of the order, the buyer must accept the conditions of removal of the goods that they must respect when accepting delivery of their order.
  2. Delivery by crane truck (only for some agencies). Please contact your agency for more information.

The delivery address entered by the customer must be accessible by a roadway without danger or risk for the carrier. The customer must report any difficulty of access, via the comment box provided during the validation of the order. ArcelorMittal reserves the right to refuse delivery of products in some areas difficult to access for the carrier (mountains, islands etc.), and declines all responsibility if damage any occurred on the place of delivery due to difficult access or inappropriate land.

 

The products are delivered to the address indicated by the buyer on the purchase order, and the buyer must ensure its accuracy. All orders sent back to the seller because of an incorrect or incomplete delivery address will be returned at buyer expense. The buyer may, at their request, obtain an invoice to the billing address and not the delivery address, by validating the option provided for this purpose on the purchase order.

If the buyer is unavailable on the day of delivery, the driver will leave a notice in the mailbox, which will indicate the place of delivery and the time indicated.

If at the time of delivery, the original packing is damaged, torn, opened, the buyer must check the status of items. If they are damaged, the buyer must imperatively refuse the package and make a note on the delivery slip (parcel refused because it is opened or damaged).

The buyer must indicate on the note, in their handwriting, accompanied by their signature, any anomaly concerning the delivery (damage, product missing compared to the right of) delivery, parcel damaged, products broken...).

This check is considered to have been made as to the buyer, or a person authorized by them.

The buyer will then confirm, by registered mail, these reservations to the carrier at the latest within two working days of receipt of the items and send a copy of this mail by fax or simple mail to the seller at the address indicated in the legal section of the site.

If the products need to be returned to the seller, they should raise a return request with the seller within 7 days of the delivery. Any claim after this time will not be accepted. The return of the product can be accepted only for products in their original state (packaging, accessories, instructions...).

Article 13 - Delivery errors

The buyer must inform the seller on the same day of the delivery or at the latest the first working day following the delivery, about any claim of error in delivery and/or non-conformity of the products in kind or in quality with respect to the indications on the order form. Any claim made after this time will be rejected.

 

The complaint can be made to the agency concerned, at the buyer's choice:

- by telephone

- by email

 

Any claim not made within the rules defined above and within the time limits cannot be taken into account and releases the seller from any liability vis-à-vis the buyer.

 

Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned (s) and will inform the same by e-mail. The exchange of a product can only take place after the exchange number has been assigned.

 

Return shipping costs are borne by the seller.

Article 14 - Transfer of risks

 

The transfer of ownership and the risks of loss and deterioration relating thereto will be realized only after full payment of the price by the buyer, irrespective of the date of delivery. The products, therefore, travel at the risk and peril of the seller.

 

* If the buyer has itself entrusted the transportation of the products to a carrier.

 

The seller is discharged from the delivery which is entrusted to an independent carrier, according to the choice of the buyer.

The latter must then indicate the delivery address to this carrier.

The delivery is deemed to have been completed at the time of delivery of the products ordered by the seller to the carrier.

In these circumstances, the buyer has no recourse against the seller in the event of failure to deliver the goods transported.

 

Article 15 - Legal guarantee of conformity and legal guarantee against hidden defects

ArcelorMittal is the guarantor of the conformity of the goods with the contract, allowing the purchaser to make a request under the legal guarantee of conformity envisaged in the articles of L. 217-4 and following of the code of the consumption or warranty defects of the thing sold within the meaning of articles 1641 and as per the civil code.

 

In case of implementation of the legal guarantee of conformity, it is recalled that:

- the buyer has a period of 2 years from the date of delivery of the goods to act;

- the buyer can choose between repairing or replacing the goods, subject to the cost conditions laid down in Law. L. 217-17 of the consumption code;

- the buyer is exempted from reporting the proof of the lack of conformity of the good during the 6 months following the delivery of the good.

 

In addition, it is recalled that:

- the buyer can decide to implement the guarantee against the hidden defects of the thing sold within the meaning of article 1641 of the civil code. In this case, it can choose between the resolution of the sale or a reduction of the price in accordance with Article 1644 of the Civil Code.

 

The buyer is expressly informed that the seller is not the producer of any of the products shown as per law no. 98-389 dated May 19, 1998 relating to the responsibility of the defective products.

Article 16 - Right to retract


In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of their order, to return any item that does not suit them and request the exchange or refund without penalty, with the exception of return costs which are borne by the buyer.

 

The products must, however, be returned in their original packaging and in perfect condition within 14 days of the notification to the seller of the buyer's decision to withdraw.

 

Damaged, soiled or partially used products are not taken back.

The right to retract can be exercised using the retraction form in Annex 2, sent to the e-mail address of the agency concerned available on the contact page.

In this case, an acknowledgement of receipt will be immediately communicated to the buyer on a durable medium. Any other mode of the declaration of retraction is accepted. This declaration must be unambiguous and express the will to retract.

In case of exercise of the right of withdrawal within the aforementioned period, the price of the product (s) purchased (s) and the delivery costs are reimbursed.

Return costs are borne by the buyer.

The exchange (subject to availability) or refund will be made within 14 days from the date of receipt of the products to be returned by the buyer under the conditions provided above.

Article 17 - 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 exoneration of the obligations of the parties and shall result in their suspension.

The party who invokes this clause referred to above must immediately notify the other party of their occurrence, as well as their disappearance.

Any facts or circumstances that are irresistible, attributable to external parties, unpredictable, inevitable, beyond the control of the parties and that cannot be prevented by the latter, despite all efforts reasonably possible will be considered as force majeure. Expressly, besides those usually retained by the jurisprudence of the French courts and tribunals, these are regarded as a case of force majeure or fortuitous cases: the blocking of means of transport or delivery, earthquakes, fires, storms, floods, lightning, the shutting down of telecommunication networks or difficulties specific to external telecommunication networks of 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 case force majeure has a duration greater than three months, these terms and conditions may be terminated by the injured party.

Article 18 - Intellectual property

The content of the website (technical documents, drawings, photographs, etc.) remains the property of the seller, who is the sole owner of the intellectual property rights on this content.

Buyers undertake not to make any use of this content; any total or partial reproduction of this content is strictly prohibited and may constitute a counterfeiting offence.

Article 19 - Information and Liberties

The nominative data provided by the buyer are necessary for the processing of their order and the establishment of invoices.

They can be communicated to the vendor's partners who are responsible for the execution, processing, management and payment of orders. The processing of information communicated via the website e-steel.arcelormittal.com has been declared to the CNIL.

The buyer has a permanent right of access, modification, rectification and opposition regarding information concerning them. This right can be exercised under the conditions and according to the conditions defined on the website e-steel.arcelormittal.com

Article 20 - Partial non-validation

If one or more stipulations of the present general conditions are rendered invalid or declared such under a law, a regulation or following a final decision of competent jurisdiction, the other stipulations will maintain all their force and their scope.

Article 21 - Non-waiver

The fact that one of the parties does not claim a breach of any of the obligations referred to in these terms and conditions by the other party cannot be interpreted as a waiver of the obligation in question for the future.

Article 22 - Title

In case of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared to be non-existent.

Article 23 - Language of contract

These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text would prevail in case of a dispute.

Article 24 - Médiation

In case of dispute, the buyer can appeal for free conventional mediation, to the MEDICYS mediation service: www.medicys.fr, electronically or via mail: MEDICYS 73, Boulevard de Clichy 75009 Paris.

Article 25 - Applicable law

These general conditions are subject to the application of French law, excluding the provisions of the Vienna Convention. This applies to substantive rules as well as to the form of rules. In case of dispute or claim, the buyer will contact the seller first to reach an amicable solution.

 

ANNEX 1 - Provisions relating to legal warranties


Article L217-4 The seller delivers goods in conformity with the contract and is liable for the lack of conformity existing at the time of delivery.

It also responds to any lack of conformity resulting from the packaging, the assembly instructions or the installation when it was the seller's responsibility as per the contract or was carried out under its responsibility.

 

Article-L217-5 The property conforms to the contract:

1° If it is suitable for the purpose usually associated with such a product and, if applicable:

- if it corresponds to the description given by the seller and possesses the qualities that it has presented to the buyer in the form of a sample or a model;

- if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or their representative, including advertising or labelling;

2° Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, made known to the seller and that the latter has accepted.

 

Article-L217-12 The time of action resulting from the lack of conformity is limited to two years from the date of delivery of the goods.

 

Article-L217-16 When the buyer asks the seller, during the course of the commercial guarantee which has been granted to them during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilisation of at least seven days is added to the remaining duration of the guarantee.

This period starts from the request for intervention of the buyer or the provision for repair of the property in question if this provision is subsequent to the request for intervention.

 

Article-1641 The seller is bound by the guarantee for hidden defects of the product sold, which renders it unsuitable for the use for which it is intended, or which diminishes the use so much that the buyer would not have acquired it, or would have given a lower price if they had been aware of this.

 

Article-1648 The action resulting from the latent defects must be brought by the purchaser within two years from the discovery of the defect. In the case envisaged by the article 1642-1, the action must be brought, with prejudice to foreclosure, within one year from the date on which the seller can be discharged from apparent defects of conformity.



ANNEXE 2 - Retract form

DOWNLOAD THE RETRACT FORM

 

Personal Data Protection Policy

 

1. Personal data character

 

Automatic Collection of Aged Information and ” non-personal character

When you visit the e-steel.arcelormitttal.com website, ArcelorMittal Distribution Solutions France's Internet servers automatically record certain information. non-personal, in order to monitor and improve your online experience. This recorded information may include (but is not limited to) es) your IP address, the name of your Internet provider, the operating system and the type of browser you are using, the date and duration of your visit, the name (s) page (s) visited and the volume of data transferred.

Information   personal character that you choose to provide

Generally speaking, the use of this website is not subject to any conditions; the disclosure of data personal character. No personally identifiable information, such as your name, your address or e-mail address, will not be automatically collected during your visit to this Website.

The various registration and inquiry forms available on the ArcelorMittal Distribution Solutions France Website may however require the entry of certain contact information (such as your name or address postal and / or e-mail) and profile data (such as your prede- quences). In many cases, it is up to you to determine the amount of information you wish to provide. Some of the information requested may be required or optional, depending on the circumstances. In such cases, if you do not enter the information > personal characteristics that are required for a business activity; particular, the accretive this activity ó you will be refused.

If you request information through this Website and provide &agr; ArcelorMittal Distribution Solutions France your e-mail address or your name and postal address, you agree that these data are used to provide you with the information required and that ArcelorMittal Distribution Solutions France may use these data. the future to provide you with other information about ArcelorMittal Distribution Solutions France that you may be interested in.

You are entitled to consult your data. personal character, to rectify such data as the case may be and to withdraw your consent; their usage. Please contact ArcelorMittal Distribution Solutions France à The following address:

ArcelorMittal Distribution Solutions France
If Social 16 avenue de la Malle
51370 St. Brice Courcelles – France


We never sell or receive any personally identifiable information. external third parties ’ ArcelorMittal Distribution Solutions France. ArcelorMittal Distribution Solutions France may disclose personal information in certain circumstances if we have reason to believe that the disclosure of such information is necessary to identify, contact or sue any person who may (intentionally or unintentionally) attack or harm the rights or property of ArcelorMittal Distribution Solutions France, other users of the Website or any other person who may be lost by such activity.

2. Use of cookies


Cookies are pieces of information transmitted on your computer's hard drive to keep data in memory. Cookies facilitate the use of our Sites, for example by saving your passwords and preferences. The use of these cookies is limited. À our Sites and does not transfer any information; personal character > other parties. Most browsers are initially set to accept cookies; however, you can reconfigure your browser to refuse all cookies or to notify you when to send a cookie. (Note: please report à your browser's support function for further instructions.) If you disable or refuse cookies, certain sections of ArcelorMittal Distribution Solutions France's Websites will not function properly or may be significantly slowed down.

3. Using IP addresses


An IP address is a number automatically assigned. À your computer by your Internet access provider while browsing the web. When you ask à to consult pages of the ArcelorMittal Distribution Solutions France Website, our servers record your IP address. ArcelorMittal Distribution Solutions France collects IP addresses for the purpose of system administration and analysis of the use of its Site. IP addresses are not linked. no personally identifiable data: your session will be recorded, but you will remain anonymous. We may exceptionally use your IP addresses in agreement with your Internet access provider, in order to identify you if we deem it necessary to ensure compliance with our Terms of Use or to protect our services, Sites, customers or others.

4. S é SAFETY é

< br /> We attach extreme importance to it; security ó all personally identifiable information. Once your data has been transmitted, we will consent. every effort to ensure their safety ó on our systems. Unfortunately, it is impossible to guarantee safety. absolute data transmissions over the Internet. Although we strive to protect your information ’ personal character, ArcelorMittal Distribution Solutions France can not, as a consequence, ensure or guarantee the safety and security information you transmit to us and this transmission is carried out; your own risks.
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Contact


For all questions related to this privacy policy, to the practices of our Sites or > their use, please contact ArcelorMittal Distribution Solutions France. The information you provide to us in the context of general inquiries sent by e-mail; ArcelorMittal Distribution Solutions France, such as your e-mail address, will only be used to re-enter the normal course of business and will never be forwarded to you. third parties.


Frequently &o ’ s


You may not transfer the present Terms of Use or the rights and obligations they confer on you. In the case where &uve; One of the provisions of the Terms of Use will be deemed invalid by any court of competent jurisdiction, which is invalid. of said provision will have no effect on the validity ó other provisions of the Terms of Use and these will remain in effect. The waiver à one of the provisions of the Terms of Use shall not be construed as a subsequent or continuing waiver of such condition or any other condition. <

Jurisdiction


TO THE EXTENT PERMITTED BY LAW, YOU ACCEPT EXPRESS É BY THE PRACTICE SENT SURE THAT ANY HARD-TO-DAY PROCESS OF OR RELATING TO YOUR USE OF THE WEB SITE, ITS INFORMATION, ITS SERVICES AND ITS CONTENT, IS SUBJECT TO BEAN LAW &AIS. THE COURTS OF BOBIGNY, BEANCE, ARE EXCLUSIVELY COMPLETE AND TENT.

DIFFERENT FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS INFORMATION, ITS SERVICES AND ITS CONTENT, ARE SUBJECT TO BEAN &CTS AIS. THE COURTS OF BOBIGNY, BEANCE, ARE EXCLUSIVELY COMPLETE AND TENT.

DIFFERENT FROM OR IN CONNECTION WITH YOUR USE OF THE WEBSITE, ITS INFORMATION, ITS SERVICES AND ITS CONTENT, ARE SUBJECT TO BEAN &CTS AIS. THE COURTS OF BOBIGNY, BEANCE, ARE EXCLUSIVELY COMPLETE AND TENT.

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DISTRIVERSION : release/2024.01.01