General conditions of sale of S.A.S. France Thermometre Société du Groupe Guilcor

These general conditions of sale determine the contractual relations between S.A.S. France Thermometre with capital of € 2,000 registered in the RCS de Coutancesb 913 248 068 068 under the SIRET number 913248068000111 whose head office is in Sartilly (50530) 16 large street and its customers. These general conditions are systematically brought to the attention of each buyer to allow him to place an order. The fact for a user to fill in the order form and apply full acceptance of these general conditions, which will be only applicable to the contract thus concluded.

ARTICLE 1 - Field of application of the general conditions of sale - order

1.1 Field of application 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 »), Either on a website of France Thermometre, (hereinafter referred to as the" Site "). Any order placed on the site is subject to GTC in their version in force on the day of the order.

1.2 Order

The Customer recognizes beforehand that the information referred to in article L.111-1 of the Consumer Code, and in particular the essential characteristics of products and their price.
When ordering, the Customer provides, under his responsibility, the exact, precise and complete information necessary, relating in particular to the address of delivery of the products and/or to the billing address. In the event of an error, France Thermometre will not be held responsible in any way.
The validation of the order by the Customer formalizes in a firm and definitive way 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 by email a summary summary with the order number, a delivery time or provision in store and the confirmation of payment
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 before the specific requirements possibly required by the regulations.

It is up to the customer to perform upstream, the compliance of the product with its application.

1.3 Products unavailability

All our products are offered within the limits of available stocks. In the event of unavailability of a product after placing your order, we will inform you as soon as possible.
You will then have the possibility either to cancel your order or to modify it to our customer service by e-mail info@thermometre.fr. This email is protected against email collector robots, your browser must accept JavaScript to see it. France Thermometre may have to replace an article unavailable by another of similar characteristic and of identical quality or higher than the same price.

1.4 Validation of your order

The validation of the order is effective as soon as France Thermometre 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 a dispute relating to the payment or delivery of a previous order would exist.

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 is likely to evolve at any time on the site.
Before its use or installation, it is up to the customer to read the labeling of the product, technical sheets, installation recommendations and any mention present on the product or its packaging.

Article 3 - Price

The sale prices of the products are those appearing on the site at the time of the order.
Any price change by France Thermometre after the order has no effect on it.
In the event of a typographic error on the price of a product, or a manifestly erroneous or derisory price, France Thermometre will point out to the customers concerned 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 validation by the Customer of his order and appear on the summary of order received by email and on the invoice.

Article 4 - Payment methods

Payment for the entire amount of the order is required at the time of validation of the order. Payment of products is made with a discount.
Orders are payable by bank card and via PayPal.

Payment in several times is also available via Oney. If the customer selects payment in several times via Oney, the Customer undertakes to respect the General conditions of sale from Oney.
The invoice of the products will be communicated to the Customer during delivery.

Article 5 - Right of withdrawal

5.1 Withdrawal time

In the case of an order placed on the site by a consumer, the private customer has in accordance with article L 221-18 of the consumer code of a withdrawal period of fourteen (14) days from receipt Products in the event of delivery.
Beyond this period, the order cannot be canceled for this reason by the particular customer.
The right of withdrawal cannot be exercised in the event that products, after being delivered, are integrated and/or fixed inseparably with other products.

5.2 Terms to exercise the right of withdrawal

The customer can exercise his right of withdrawal via the order cancellation form appearing on the site or by approaching the France Thermometre customer service (hereinafter referred to as "Customer Service").
France Thermometre customer service can be contacted:
• Via our form
• Via the address info@thermometre.fr
• By mail to the following address: France Thermometre route de Carolles 50530 Sartilly

5.3 Product return methods

Within a maximum of fourteen (14) days from the communication to France Thermometre of his decision to withdraw, the Customer must contact customer service in order to agree with the procedures for re -attending or return of the products.
The products will have to be returned in their perfect original condition, accompanied by all possible accessories, employment notices and documentation.
The customer returns the product to a store at his expense.
After verifying the state of the product, France Thermometre will reimburse the customer by the same means of payment as that used by the latter. Personalized or special products cannot be returned.

5.4 Refund

For stock products:
Subject to compliance with the above conditions, France Thermometre undertakes to reimburse the customer, the price of the products returned as well as the costs of the initial delivery, within fourteen (14) days from the date of recovery Products by France Thermometre or from the transmission by the Customer of proof of the sending of re -expressed products, the date chosen being that of the first of these facts.
For tailor -made or manufacturing products:
The product being a special manufacturing 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 France Thermometre order form.
Delivery time :
For France, the delivery time is 72 hours for stock products and 5 weeks for manufacturing products.
Unless there is period of regulations granted, delivery is subject to the payment of the order balance. France Thermometre will inform the customer by any means of communication of any possible delay in delivery.
In the event of exceeding more than 15 days by thermometre of the announced delivery time, the Customer may resolve the contract under the conditions of article L.216-2 of the Consumer Code.
Delivery terms:
France Thermometre reserves the right to make the customer support the costs linked to the re -exposition of the product resulting from erroneous information given by the customer.
When delivery of the products, the customer must sign the delivery slip presented by the carrier. The customer must verify the condition of the products. In the event of an apparent anomaly (damaged packaging, missing products, damaged or broken) observed during delivery, the customer must:
• Discriminate the condition of the products on the delivery slip (examples: “Lack 1 product out of 2 ordered).
• Co-signs any reservations by the carrier.
• Within 3 days of delivery, inform the France Thermometre customer service of this non-compliance by email at the following address info@thermometre.fr specifying its name, first name and address as well as the order number.
France Thermometre will communicate to the customer his agreement or refusal on the request for the return of products as soon as possible. The return costs are the responsibility of France Thermometre in this hypothesis.
In the absence of specific reserves, delivery will be considered in accordance with the order.

Article 7 - Risk transfer

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 withdrawal of products in store.

Article 8 - Legal guarantees

The products are guaranteed, upon presentation of the invoice, within the framework, on the one hand, legal provisions.
France Thermometre is required of the defects in conformity of the property to the order under the conditions of articles L. 217-4 and following the consumer code and hidden defects under the conditions provided for in articles 1641 and following the Civil Code.
Compliance guarantee:
The customer:
• benefits from a period of two (2) years from the issuance of the property to act;
• may choose between the repair or replacement of the property, subject to the cost conditions provided for in article L. 217-9 of the consumer code;
• is exempt from reporting proof of the lack of conformity of the property during the twenty-four (24) months following the issuance of the property.
Guarantee of hidden defects:
The customer can invoke a hidden defect, inherent in the product and making him unfit for his use. If the conditions of articles 1641 and following of the Civil Code are respected, it may request either the resolution of the sale, or a reduction in 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 accordance with the contract and responds to existing compliance faults during issuance.
He also responds to compliance defects resulting from the packaging, assembly instructions or installation when it has been charged by the contract or was carried out under his responsibility.
Art. L. 217-5. - The property is in accordance with the contract:
1 ° If it is specific to the usually expected use of a similar property and, if applicable:
• if it corresponds to the description given by the seller and has the qualities that he presented to the buyer in the form of a sample or model;
• if he 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 specific to any special use sought by the buyer, brought to the attention of the seller and which the latter accepted.
Art. L.217-12. - The action resulting from the lack of conformity is prescribed by two years from the issuance of the property.
Art. L.217-16. - When the buyer requests the seller, during the price of the commercial guarantee which was granted to him when the acquisition or repair of a movable property, a repair covered by the guarantee, any period of immobilization At least seven days is added to the duration of the guarantee that remained to run. This period runs from the buyer's intervention request or the provision for compensation for the property in question, if this provision is after the intervention request.
Extracts from the Civil Code:
Art. 1641. - The seller is held from the guarantee for the hidden defects of the thing sold which make it unfit for the use to which it is intended, or which decrease this use so much, 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 crumbling vices must be brought by the buyer within two years from the discovery of the vice.
Art. 1792-2. - The presumption of responsibility established by article 1792 also extends to the damage which affects the solidity of the elements of equipment of a work, but only when they are inseparably body with the works of viability, of foundation, d 'OSSURE, Clos or covered.
An element of equipment is considered to be inseparably forming body with one of the works of viability, foundation, framework, closed or covered when its removal, disassembly or replacement cannot be carried out without deterioration or removal of this work.

Article 9: Applicable law - Mediation - competent courts

These GTCs are subject to French law. In the event of a dispute, the Customer must contact customer service France Thermometre by email at the following address info@thermometre.fr 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 to customer service France Thermometre for less than a year and not having led to an agreement, the private customer may use free of charge to a mediation procedure.
To resolve a dispute following a purchase made on thermometre.fr, the private customer can also use the extrajudicial online settlement platform of disputes set up by the European Union, and accessible to the following address: HTTPS:/ ouec.europa.eu/consumers/odr/main/?event=main.home.show
In the absence of agreement with customer service France Thermometre or in the event of mediation failure, if the customer is an individual, the competent jurisdiction will be that designated in application of the rules of ordinary law. If the customer is a professional, the competent court is the Coutances Commercial Court.

Article 10: Personal data

The personal data communicated to France Thermometre by the Customer aims to proper execution of orders, the management of commercial relations and invoices, the improvement in the quality of the products offered, the best response to the customer's expectations, to establish Trade statistics and/or enable it to benefit from France Thermometre France, its filials and/or its business partners. The Customer consents to the use of its data by France Thermometre and/or by third parties, final or commercial partners of France Thermometre. In accordance with the applicable regulations in terms of personal data, the Customer has a right of access, rectius and erasure and the right to the limitation of treatment concerning him that he can exercise by sending an e-mail to : info@thermometre.fr or by registered mail with AR at 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 for free on the list of opposition to telephone canvassing, Bloctel.

Article 11: Intellectual Property and Copyright France Thermometre

All the elements, in particular the texts, images, photographs, illustrations, sounds, music, posted 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, integral or partial, 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 the authorization to use the data and the graphs that have been provided to you as part of this service for any application whatsoever, provided you specify the source of these data and explicitly mention the name "France Thermometre".
If the customer is a professional, the competent court is the Coutances Commercial Court.