General Terms and Conditions
General Conditions of Sale of SAS FRANCE THERMOMETRE company of the GUILCOR group
These general conditions of sale determine the contractual relations between SAS FRANCE THERMOMETRE with capital of €2,000 registered with the RCS of COUTANCESB 913 248 068 under the SIRET number 91324806800011 whose head office is in Sartilly (50530) 16 Grande rue and its customers. These general conditions are systematically brought to the attention of each buyer to enable them to place an order. The fact of a user completing the order form constitutes full acceptance of these general conditions, which will only be applicable to the contract thus concluded.
Article 1 - Scope of application of the general conditions of sale - Order
1.1 Scope of application of the general conditions of sale
These general conditions of sale (“CGV”) apply to any order for standard products (“Product”) made by a customer (the “Customer”) with the company FRANCE THERMOMETRE, (hereinafter referred to as “FRANCE THERMOMETRE "), or on a website of the company FRANCE THERMOMETRE, (hereinafter referred to as the “Site”). Any order placed on the Site is subject to the General Terms and Conditions in their version in force on the day of the Order.
The Customer acknowledges prior to the Order having been aware 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 the event of an error, FRANCE THERMOMETRE will not be held responsible in any way whatsoever.
Validation of the Order by the Customer firmly and definitively formalizes the conclusion of a sales contract with FRANCE THERMOMETRE, subject to the exercise of the right of withdrawal indicated in article 5 of the General Terms and Conditions.
The Customer then receives by email an Order summary with the Order number, a delivery time or availability in store and payment confirmation.
Recommendations before validation of the Order:
For specific use and in particular for use in an ERP (Establishment Receiving the Public), the Customer must inquire in advance about the specific requirements that may be required by regulations.
It is up to the customer to ensure that the product complies with its application upstream.
1.3 Unavailability of products
All our products are offered while stocks last. If a product is unavailable after placing your order, we will inform you as soon as possible.
1.4 Validation of your order
Validation of the order is effective once FRANCE THERMOMETRE has published and communicated our acknowledgment of receipt to the buyer who will have previously 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 the 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 Customer's needs, the Product offering may change at any time on the Site.
Before its use or installation, it is the Customer's responsibility to read the Product labeling, the technical data sheets, the installation recommendations and any notices present 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 FRANCE THERMOMETRE subsequent to the Order has no effect on the Order.
In the event of a typographical error in the price of a Product, or a clearly incorrect or derisory price, FRANCE THERMOMETRE will notify the Customers concerned of said error and may cancel the Order for the Product(s).
These prices do not include delivery costs. These delivery costs are communicated to the Customer before the Customer validates their Order and appear on the Order summary received by email and on the invoice.
Article 4 - Payment terms
Payment of the entire amount of the Order is required at the time of validation of the Order. Payment for Products is made in cash without discount.
Orders are payable by credit card and via Paypal.
Payment in installments is also available via Oney. If the customer selects payment in several installments via Oney, the customer undertakes to respect Oney's general conditions of sale .
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 Individual 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 cannot be canceled for this reason by the individual 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 Conditions for exercising the right of withdrawal
The Customer may exercise his right of withdrawal via the Order cancellation form appearing on the Site or by contacting FRANCE THERMOMETRE customer service (hereinafter referred to as “Customer Service”).
FRANCE THERMOMETRE Customer Service can be contacted:
• via our form
• via the address firstname.lastname@example.org
• By post to the following address: FRANCE THERMOMETRE route de carolles 50530 SARTILLY
5.3 Conditions for returning Products
Within a maximum period of fourteen (14) days from communication to FRANCE THERMOMETRE of its decision to withdraw, the Customer must contact Customer Service in order 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, FRANCE THERMOMETRE will reimburse the Customer by the same means of payment as that used by the latter. Personalized or special order products cannot be returned.
For products in stock:
Subject to compliance with the above conditions, FRANCE THERMOMETRE undertakes to reimburse the Customer the price of the returned Products as well as the costs of the initial delivery, within fourteen (14) days from the recovery date. of the Products by FRANCE THERMOMETRE or from the transmission by the Customer of proof of sending the reshipped Products, the date chosen being that of the first of these events.
For tailor-made or manufactured products:
As the product was specially made for the customer, no refund can be requested.
Article 6: Delivery
For any Order, the Customer can choose either delivery to the address he or she has indicated.
Shipping cost :
These costs appear on the FRANCE THERMOMETRE Order Form.
Delivery time :
For France, the delivery time is 72 hours for products in stock and 5 weeks for products on production.
Unless payment deadline is granted, delivery is conditional on payment of the balance of the Order. FRANCE THERMOMETRE will inform the Customer by any means of communication of any possible delay in delivery.
If FRANCE THERMOMETRE 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.
FRANCE THERMOMETRE reserves the right to make the Customer bear the costs linked to the reshipment of the Product resulting from incorrect information given by the Customer.
Upon delivery of the Products, the Customer must sign the delivery note 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 upon delivery, the Customer must:
• describe precisely on the delivery note the condition of the Products (examples: “missing 1 product out of 2 ordered).
• have any reservations co-signed by the carrier.
• within 3 days following delivery, inform FRANCE THERMOMETRE customer service of this non-compliance by email to the following address email@example.com, specifying your name, first name and address as well as the Order number.
FRANCE THERMOMETRE will communicate to the Customer its agreement or refusal to the request for return of the Products as soon as possible. Return costs are the responsibility of FRANCE THERMOMETRE in this case.
In the absence of specific reservations, delivery will be considered to comply with the Order.
Article 7 - Transfer of risks
The Customer takes possession of the Products upon delivery.
The risks of loss, theft or deterioration of the Products as well as damage caused by the Products are transferred to the Customer upon delivery or collection of the Products from the Store.
Article 8 - Legal guarantees
The Products are guaranteed, upon presentation of the invoice, within the framework, on the one hand, of legal provisions.
FRANCE THERMOMETRE is liable for defects in conformity of the goods with the Order under the conditions of articles L. 217-4 et seq. of the Consumer Code and for hidden defects under the conditions provided for in articles 1641 et seq. of the Civil Code.
Guarantee of conformity:
The customer :
• benefits from a period of two (2) years from the delivery of the goods to take action;
• can choose between repairing or replacing the goods, subject to the cost conditions provided for by article L. 217-9 of the Consumer Code;
• is exempt from providing proof of the existence of the lack of conformity of the goods during the twenty-four (24) months following delivery of the goods.
Guarantee against hidden defects:
The Customer may invoke a hidden defect, inherent to the Product and rendering it unfit for use. If the conditions of articles 1641 and following of the Civil Code are respected, he may request either the cancellation of the sale, or a reduction of the sale price in accordance with article 1644 of the Civil Code.
Extracts from the Consumer Code:
Art. L. 217-4. - The seller delivers goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery.
He is also liable for defects in conformity resulting from the packaging, assembly instructions or installation when this has been his responsibility by the contract or has been carried out under his responsibility.
Art. L. 217-5. – The property complies with the contract:
1° If it is suitable for the use usually expected of similar goods and, where applicable:
• if it corresponds to the description given by the seller and has the qualities that the seller presented to the buyer in the form of a sample or model;
• if it presents the qualities that a buyer can legitimately expect having regard to the public declarations made by the seller, by the producer or by his representative, in particular in advertising or labeling;
2° Or if it presents the characteristics defined by mutual agreement by the parties or is suitable for any special use sought by the buyer, brought to the attention of the seller and which the latter has accepted.
Art. L.217-12. – The action resulting from the lack of conformity is prescribed two years from the delivery of the goods.
Art. L.217-16. - When the buyer requests from the seller, during the course of the commercial guarantee which was granted to him during the acquisition or repair of movable property, a repair covered by the guarantee, any period of immobilization of at least seven days is added to the remaining warranty period. This period runs from the buyer's request for intervention or the making available for repair of the goods in question, if this making available is subsequent to the request for intervention.
Extracts from the Civil Code:
Art. 1641. – The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, 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 equipment elements of a work, but only when these are inseparably integral with the viability works, foundation, etc. framework, enclosed or covered.
An element of equipment is considered to form an inseparable body with one of the viability, foundation, framework, enclosure or roof structures when its removal, dismantling or replacement cannot be carried out without deterioration or removal. of material in this work.
Article 9: Applicable law - Mediation - Competent courts
These General Terms and Conditions are subject to French law. In the event of a dispute, the Customer must first contact FRANCE THERMOMETRE customer service by email at the following address firstname.lastname@example.org or by registered mail with AR to the following address: 16 Grande rue in 50530 SARTILLY.
In accordance with article L. 211-3 of the Consumer Code, for complaints already filed in writing with the FRANCE THERMOMETRE customer service for less than a year and which have not resulted in an agreement, the individual Customer may resort free of charge to a mediation procedure.
To resolve a dispute following a purchase made on thermometre.fr, the Individual Customer can 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 agreement with FRANCE THERMOMETRE 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 FRANCE THERMOMETRE 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, to establish commercial statistics and/or to allow it to benefit from FRANCE THERMOMETRE offers, its subsidiaries and/or its commercial partners. The Customer consents to the use of his data by FRANCE THERMOMETRE and/or by third parties, subsidiaries or commercial partners of FRANCE THERMOMETRE. 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 : email@example.com or by registered mail with AR to the following address: 16 Grande rue in 50530 SARTILLY
Consumers who do not wish to be the subject of commercial prospecting by telephone can register free of charge on the list opposing telephone canvassing, Bloctel.
Article 11: Intellectual property and copyright FRANCE THERMOMETRE
All elements, in particular texts, images, photographs, illustrations, sounds, music, posted online on the site are, unless otherwise noted, the exclusive property of FRANCE THERMOMETRE. 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 FRANCE THERMOMETRE is prohibited. When you subscribe to one of our services, FRANCE THERMOMETRE grants you authorization 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 this data and to explicitly mention the name “FRANCE THERMOMETRE”.
If the Customer is a professional, the competent court is the Commercial Court of COUTANCES.