General Terms and Conditions of Sale of S.A.S. FRANCE THERMOMETER, a company of the GUILCOR group
These general conditions of sale determine the contractual relations between S.A.S. FRANCE THERMOMETRE with a capital of €2,000 registered with the RCS of COUTANCESB 913 248 068 under the number of SIRET 91324806800011 whose registered office is at Sartilly (50530) 16 Grande rue and its customers. 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 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 GCS in their version in force on the day of the Order.
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.
During 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 THERMOMETER will not be held responsible in any way whatsoever.
The validation of the Order by the Customer formalizes in a firm and definitive manner the conclusion of a sales contract with FRANCE THERMOMETRE, subject to the exercise of the right of withdrawal indicated in article 5 of the GTC.
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 corresponds to his 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 within the limits of available stocks. In case of unavailability of product after placing your order, we will inform you as soon as possible.
1.4 Validation of your order
The validation of the order is effective when FRANCE THERMOMETER 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, the technical data sheets, the installation recommendations and any mention 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 THERMOMETER 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, FRANCE THERMOMETRE will inform the Customers concerned of the 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 his Order and appear on the Order summary received by email and on the invoice.
Article 4 - Terms 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 and via Paypal.
Payment in installments is also available via Oney. If the customer selects payment in installments via Oney, the customer undertakes to respect the Terms of Sales d'Oney.
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 case of delivery.
Beyond this period, the Order cannot 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 Modalities 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 FRANCE THERMOMETRE customer service (hereinafter referred to as “Customer Service”).
FRANCE THERMOMETER Customer Service can be contacted:
• via our form
• via the address contact@FRANCE THERMOMETRE.com
• By post to the following address: FRANCE THERMOMETRE route de carolles 50530 SARTILLY
5.3 Methods of returning Products
Within a maximum period of fourteen (14) days from the communication to FRANCE THERMOMETER 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 THERMOMETER will reimburse the Customer by the same means of payment as that used by the latter.
For products in stock:
Subject to compliance with the above conditions, FRANCE THERMOMETER 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 of recovery. of the Products by FRANCE THERMOMETRE or from the transmission by the Customer of proof of the dispatch of the redirected Products, the date retained being that of the first of these events.
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.
Shipping cost :
These costs are shown on the FRANCE THERMOMETER order form.
Delivery time :
For France, the delivery time is 72 hours for products in stock and 5 weeks for products made to order.
Unless the payment period has been agreed, delivery is subject to payment of the balance of the Order. FRANCE THERMOMETER will inform the Customer by any means of communication of any 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 have the Customer bear the costs related 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 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 FRANCE THERMOMETRE customer service of this non-compliance by email to the following address contact@FRANCE THERMOMETRE.com, specifying their surname, first name and address as well as the Order number.
FRANCE THERMOMETER 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 the responsibility of FRANCE THERMOMETRE in this case.
In the absence of specific reservations, the delivery will be deemed 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 the damage caused by the Products are 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.
FRANCE THERMOMETER 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 .
Guarantee of conformity:
The customer :
• has a period of two (2) years from delivery of the goods to act;
• can choose between repairing or replacing the good, 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.
Extracts from the Consumer Code:
Art. L.217-4. - The seller delivers a good in conformity with the contract and responds to 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 property complies 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 has 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 property in question, if this provision is subsequent to the request for intervention.
Extracts 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 a lesser 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 elements of equipment of a structure, but only when these are inextricably linked with the works of viability, foundation, frame, closed or covered.
An item of equipment is considered to form an inseparable body with one of the works of viability, foundation, framework, enclosure or cover when its removal, dismantling or replacement cannot be carried out without deterioration or removal. of material for this book.
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 FRANCE THERMOMETER customer service by email at the following address email@example.com or by registered mail with AR at the following address: 16 Grande rue at 50530 SARTILLY.
In accordance with Article L. 211-3 of the Consumer Code, for complaints already filed in writing with FRANCE THERMOMETER customer service for less than a year and not having resulted in an agreement, the individual Customer may free of charge in a mediation procedure.
To resolve a dispute following a purchase made on FRANCE THERMOMETRE.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 agreement with FRANCE THERMOMETER Customer Service or in the event of failure of mediation, if the Customer is an individual, the competent jurisdiction will be that designated pursuant to 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 : firstname.lastname@example.org or by registered mail with AR to the following address: 16 Grande rue at 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 copyright FRANCE THERMOMETER
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 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 THERMOMETER grants you authorization to use the data and graphics that will have been provided to you as part of this service for any application whatsoever, provided that the source is specified. 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.