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C.G.V.

General Terms and Conditions of Sale of thermometer.fr brand of the GUILCOR SAS group

These general conditions of sale determine the contractual relations between GUILCOR S.A.S. with a capital of €100,000 registered with the RCS of COUTANCES 341 972 669 under the number 341 972 669 whose registered office is at Sartilly (50530) Route de carolles and its clients. These general conditions are systematically brought to the attention of each buyer to enable him to place an order. The fact that a user completes the order form implies full and complete acceptance of these general conditions, which alone will be applicable to the contract thus concluded.

Article 1 - Scope of the general conditions of sale - Order

1.1 Scope of the general conditions of sale

These general conditions of sale ("GTC") apply to any order of standard products ("Product") made by a customer (the "Customer") with the company GUILCOR, (hereinafter referred to as " GUILCOR”), or on a website of the company GUILCOR, (hereinafter referred to as the “Site”). Any order placed on the Site is subject to the GCS in their version in force on the day of the Order.

1.2 Command

The Customer acknowledges prior to the Order having been informed of the information referred to in Article L.111-1 of the Consumer Code, and in particular the essential characteristics of the Products and their price.

When placing the Order, the Customer provides, under his responsibility, the exact, precise and complete information necessary, relating in particular to the delivery address of the Products and/or the billing address. In case of error, GUILCOR will not be held responsible in any way.

The validation of the Order by the Customer firmly and definitively formalizes the conclusion of a sales contract with GUILCOR, subject to the exercise of the right of withdrawal indicated in article 5 of the GCS.

The Customer then receives an Order summary by e-mail with the Order number, a delivery or availability deadline and payment confirmation

Recommendations before validation of the Order:

Before any Order, the Customer is advised to go to the store to ensure that the Product meets their expectations.

For a specific use and in particular for use in an ERP (Establishment Receiving the Public), the Customer must inquire beforehand about the specific requirements that may be required by the regulations.

When the Customer carries out work with the Products, it is his responsibility to carry out, upstream It is the Customer's responsibility to verify the conformity of the Product in the event of export or use of the Product outside mainland France, the Products being intended for use in temperate climatic zones.

1.3 Unavailability of products

All our products are offered while stocks last. In case of unavailability of product after placing your order, we will inform you as soon as possible.

You will then have the option of either canceling your order or modifying it with our customer service by e-mail contact@guilcor.com. This e-mail address is being protected from spam bots, you need JavaScript enabled to view it GUILCOR may replace an unavailable item with another of similar characteristics and of the same or better quality at the same price.

1.4 Confirmation of your order

The validation of the order is effective as soon as GUILCOR has published and communicated our acknowledgment of receipt to the buyer who will have first read these General Conditions of Sale

We reserve the right to cancel any order from a customer with whom there is a dispute relating to payment or delivery of a previous order.

Article 2 - Products

The essential characteristics of the Products are indicated on the Site.

To better meet the needs of the Customer, the Product offer may change at any time on the Site.

Before its use or installation, it is the Customer's responsibility to read the Product labeling, technical data sheets, installation recommendations and any mention on the Product or its packaging.

Article 3 - Price

The selling prices of the Products are those appearing on the Site at the time of the Order.

Any price change by GUILCOR subsequent to the Order has no effect on it.

In the event of a typographical error in the price of a Product, or a manifestly incorrect or derisory price, GUILCOR will inform the Customers concerned of the said error and may cancel the Order of the Product(s).

These prices do not include delivery costs. These delivery costs are communicated to the Customer before the Customer confirms his Order and appear on the Order summary received by email and on the invoice.

Article 4 - Methods of payment

Payment of the full amount of the Order is required at the time of validation of the Order. Payment for the Products is made in cash without discount.

Orders are payable by credit card.

The invoice for the Products will be communicated to the Customer upon delivery.

Article 5 - Right of withdrawal

5.1 Withdrawal period

In the case of an Order placed on the Site by a consumer, the Customer has, in accordance with Article L 221-18 of the Consumer Code, a withdrawal period of fourteen (14) days from receipt of the Products in the event of delivery.

Beyond this period, the Order may not be canceled for this reason by the Customer.

The right of withdrawal cannot be exercised in the event that the Products, after having been delivered, are integrated and/or fixed inseparably with other products.

5.2 Procedures for exercising the right of withdrawal

The Customer may exercise his right of withdrawal via the Order cancellation form on the Site or by contacting GUILCOR customer service (hereinafter referred to as "Customer Service").

GUILCOR Customer Service can be contacted:

• via our form

• via contact@guilcor.com

• By mail to the following address: GUILCOR route de carolles 50530 SARTILLY

5.3 Methods of returning Products

Within a maximum period of fourteen (14) days from the communication to GUILCOR of its decision to withdraw, the Customer must contact Customer Service to agree on the terms of reshipment or return of the Products.

The Products must be returned in their perfect original condition, accompanied by all possible accessories, instructions for use and documentation.

The Customer returns the Product to a Store, at his own expense.

After checking the condition of the Product, GUILCOR will reimburse the Customer by the same means of payment as that used by the latter.

5.4 Refund

For in-stock products:

Subject to compliance with the above conditions, GUILCOR undertakes to reimburse the Customer for the price of the returned Products as well as the costs of the initial delivery, within fourteen (14) days from the date recovery of the Products by GUILCOR or from the transmission by the Customer of proof of the dispatch of the reshipped Products, the date retained being that of the first of these facts

For custom-made or custom-made products:

The product being a special manufacture for the customer, no refund can be requested.

Article 6: Delivery

For any Order, the Customer can choose either delivery to the address he has indicated.

Delivery costs:

These costs appear on the GUILCOR Order Form.

Delivery time:

For France, the delivery time is 72 hours for products in stock and 5 weeks for products made to order.

Except for agreed payment terms, delivery is subject to payment of the balance of the Order. GUILCOR will inform the Customer by any means of communication of any possible delay in delivery.

If GUILCOR exceeds the announced delivery time by more than 15 days, the Customer may terminate the Contract under the conditions of Article L.216-2 of the Consumer Code.

Delivery terms:

GUILCOR reserves the right to have the Customer bear the costs related to the reshipment of the Product resulting from incorrect information given by the Customer.

When delivering the Products, the Customer must sign the delivery slip presented by the carrier. The Customer must check the condition of the Products. In the event of an apparent anomaly (damaged packaging, missing, damaged or broken Products) noted during delivery, the Customer must:

• accurately describe the condition of the Products on the delivery slip (examples: “missing 1 product out of 2 ordered).

• have any reservations co-signed by the carrier.

• within 3 days of delivery, inform GUILCOR customer service of this non-compliance by email to the following address contact@guilcor.com, specifying their surname, first name and address as well as the Order number .

GUILCOR will communicate to the Customer its agreement or its refusal on the request for return of the Products as soon as possible. The return costs are borne by GUILCOR in this case.

In the absence of specific reservations, the delivery will be deemed to comply with the Order.

Article 7 - Transfer of risk

The Customer takes possession of the Products upon delivery.

The risk of loss, theft or deterioration of the Products as well as the damage caused by the Products is transferred to the Customer from the delivery or collection of the Products in Store.

Article 8 - Legal guarantees

The Products are guaranteed, on presentation of the invoice, within the framework, on the one hand, of the legal provisions.

GUILCOR is liable for defects in the conformity of the goods with the Order under the conditions of Articles L. 217-4 and following of the Consumer Code and for hidden defects in the thing sold under the conditions provided for in Articles 1641 and following of the Civil Code.

Compliance guarantee:

The Customer:

• has a period of two (2) years from delivery of the goods to act;

• can choose between repairing or replacing the item, subject to the cost conditions provided for in Article L.217-9 of the Consumer Code;

• is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following the delivery of the goods

Warranty against hidden defects:

The Customer may invoke a hidden defect, inherent to the Product and rendering it unsuitable for its use. If the conditions of articles 1641 and following of the Civil Code are respected, he can request either the resolution of the sale, or a reduction of the sale price in accordance with article 1644 of the Civil Code.

Excerpts from the Consumer Code:

Art. L.217-4. - The seller delivers goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery.

He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility.

Art. L.217-5. – The good is in accordance with the contract:

1° If it is specific to the use usually expected of a similar item and, where applicable:

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

• if it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;

2° Or if it has the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted.

Art. L.217-12. – The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods.

Art. L.217-16. - When the buyer asks the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a restoration covered by the guarantee, any period of immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period runs from the request for intervention by the buyer or the provision for repair of the good in question, if this provision is subsequent to the request for intervention.

Excerpts from the Civil Code:

Art. 1641. – The seller is bound by the guarantee on account of hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish this use that the buyer would not have acquired it, or would have paid less, if he had known them.

Art. 1648. – The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect.

Art. 1792-2. - The presumption of liability established by article 1792 also extends to damage which affects the solidity of the elements of equipment of a structure, but only when these are inextricably linked with the works of viability, foundation, framework, enclosure or cover.

An item of equipment is considered to form an inseparable part of one of the road, foundation, framework, enclosure or cover works when it cannot be removed, dismantled or replaced without deterioration or removal of material from this work.

Article 9: Applicable law - Mediation - Competent courts

These T&Cs are subject to French law.In the event of a dispute, the Customer must first contact GUILCOR customer service by email at the following address contact@guilcorcom or by registered mail with AR at the following address: route de carolles 50530 SARTILLY

In accordance with Article L. 211-3 of the Consumer Code, for complaints already filed in writing with GUILCOR customer service for less than a year and not having resulted in an agreement, the individual Customer may have recourse to a mediation procedure free of charge.

To resolve a dispute following a purchase made on GUILCOR.COM, the individual Customer may also use the extrajudicial Online Dispute Resolution platform set up by the European Union, and accessible at the following address: https://ec.europa.eu/consumers/odr/main/?event=main.home.show

In the absence of an agreement with GUILCOR Customer Service or in the event of failure of mediation, if the Customer is an individual, the competent jurisdiction will be that designated in application of the rules of Common Law. If the Customer is a professional, the competent court is the Commercial Court of COUTANCES.

Article 10: Personal data

The personal data communicated to GUILCOR by the Customer are intended for the proper execution of Orders, the management of commercial relations and invoices, the improvement of the quality of the Products offered, the best response to the Customer's expectations, establish commercial statistics and/or allow it to benefit from the offers of GUILCOR, its subsidiaries and/or its commercial partners. The Customer consents to the use of his data by GUILCOR and/or by third parties, subsidiaries or business partners of GUILCOR. In accordance with the regulations applicable to personal data, the Customer has a right of access, rectification and erasure and the right to limit the processing concerning him which he can exercise by sending an e-mail to : contact@guilcor.com or by writing to: GUILCOR, route de carolles 50530 SARTILLY.

The consumer who does not wish to be the subject of commercial prospecting by telephone can register free of charge on the list of opposition to cold calling, Bloctel.

Article 11: Intellectual property and GUILCOR copyright

All the elements, in particular the texts, images, photographs, illustrations, sounds, music, put online on the site are, except particular mentions, the exclusive property of GUILCOR. Consequently and in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any representation and/or reproduction, in whole or in part, of one of the elements mentioned above, made without the prior written consent of GUILCOR, is prohibited. When you subscribe to one of our services, GUILCOR grants you permission to use the data and graphics provided to you as part of this service for any application whatsoever, provided that you specify the source of the information. this data and to explicitly mention the name "GUILCOR".

If the Client is a professional, the competent jurisdiction is the Commercial Court of COUTANCES.

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