General conditions of sale
General conditions of sale
LEGAL INFORMATION
1. SCOPE / CONVENTION OF PROOF
These General Conditions of Sale (hereinafter referred to as the “Conditions”) are applicable to the orders of products available on the online sales site of THERM-IC (hereafter referred to as the “Product(s)”) accessible via the following link: www.sidas.com (hereinafter the “Site”).
These Conditions are applicable between the parties (hereinafter the “Parties”) defined below:
• THERM-IC, a simplified joint-stock company, with a share capital of 600,000 €, registered with the Trade and Companies Register of Grenoble under number 304 577 661, whose head office is located at 18 rue Léon Béridot BP 353 - ZAC de Champfeuillet 38509 Voiron Cedex - France (hereinafter “we” or “us”),
• the customer defined as any person fulfilling the conditions defined in article 2.1 and placing an order via the Site (hereinafter “you”).
The Conditions apply exclusively to orders delivered in France, Belgium, Germany, the Netherlands, Italy, Austria, Spain, Luxembourg, Portugal, Greece, Slovenia, Estonia, Latvia, Metropolitan Lithuania to individual customers making the acquisition of Products for non-professional consumption. For sales to professionals, we refer to the general conditions of sale reserved for professionals. Only legally able persons who are not under guardianship and who have a mailing address in France, Belgium, Germany, the Netherlands, Italy, Austria, Spain, Luxembourg, Portugal, Greece, Slovenia, Estonia, Latvia and Lithuania can place an order on the Site.
Ordering on the Site implies your full and unreserved acceptance of these Terms.
The conditions of temporary promotional offers will be specified on the Site.
During your first order on the Site, you will be asked to create a customer account.
We reserve the right to change these Terms without notice at any time by specifying the effective date of the new Terms. The new Terms will be accessible at the following location: https://www.therm-ic.com/en/pages/general-conditions-of-sale . Any order made on the Site will be governed by the Terms online at the time of validation of the order.
The Parties agree that writing in electronic form is acceptable as a substantiating means in the same way as writing in paper form. The Parties agree to retain the computer records so that they can constitute accurate and durable copies in accordance with Article 1348 of the Civil Code, of any electronic exchange, order, order confirmation or any other document that the Parties would be required to exchange within the framework of orders and purchases made on the Site in accordance with these Conditions.
2. ORDER
2.1 CONDITIONS
To be able to place an order for Products, you must meet the following cumulative conditions:
• complete all the information required for payment, delivery and any other information required when you create your customer account;
• hold a valid bank card or an active PayPal account.
2.2 ORDERING PROCEDURE - VALIDATION OF ORDERS
Once logged onto your customer account using your username and password, and after selecting the Product(s) chosen by clicking on the link "Add to cart", you then follow the process from the order validation to the "Order Summary" page.
You choose in particular the place of delivery of the Products which can be either directly to your home address or to a pickup location of your choice.
You can change the pickup location for each order.
It is specified that the characteristics of each product are available on the page of the said product. In accordance with the law 2014-344 of March 17, 2014, before confirming your order, a summary of the main characteristics of the order containing the general description (size / colour) of the Products (a reference to the product sheet is possible), the delivery address and billing, the total price including tax, payment method, delivery times and postage applied will be displayed.
If necessary, you can modify your order before definitively validating it.
After checking the above items, finalize your order by checking the box "I accept the terms and conditions of sale", then clicking on the link "Confirm my order". You will then be redirected to the payment page.
We reserve the right not to accept an order in case of non-compliance with these Conditions, in case of errors or anomalies in the order (e.g. quantities ordered unsuitable for private or family use), in case of a payment incident or suspicion of fraud and / or abuse.
Your order will be confirmed by sending an email from us indicating the number of the order and its details to the email address you have entered. Be sure to keep this confirmation email until your order is delivered, as it may be requested at the pickup location or during home delivery.
3. PRICE - PAYMENT - AVAILABILITY OF PRODUCTS - DELIVERY FEES
3.1 PRICES
The prices displayed on the Site are indicated in Euros and are exclusive of delivery charges.
We reserve the right to change prices at any time but the Products will in any case be billed based on the rates in effect at the time of placing the order.
When you access the "order summary" page, the total price of the order appears, including taxes (French VAT), shipping and order processing fees.
If one or more taxes or contributions were to be modified as well as in the case of the creation of new taxes or contributions, this change will be reflected in the selling price of the Products.
3.1.1 PRICES INCLUDING OR EXCLUDING VAT
Our prices are displayed on the site by default in VAT when the detection of the IP of the country by our solution is possible. If it is not possible to detect the IP and country (using a VPN or other tool), our prices will be displayed by default excluding VAT. In this case, you will need to create a customer account with a delivery address in order to determine where you live and display prices including VAT.
3.2 DELIVERY CHARGES
Shipping and processing of the order are different depending on the delivery method you have selected when placing the order on the Site.
The amount for delivery charges will be specified prior to the selection of the delivery method. The amount of the shipping costs is added to the total amount of the order of the Products purchased on the Site. All of these fees can be found on the "Delivery" and "Order Summary" pages.
3.3 PAYMENT
Payment for the Products is by credit card (Visa, MasterCard, American Express) or PayPal. The amount of the order is debited at the time of placing the order.
The order will only be considered firm and final at the end of the online payment procedure. Thus, we reserve the right to refuse any order or to honour a delivery if a payment dispute exists with you. It is further specified that the Products remain our property until full collection of amounts due.
In addition, you agree to receive your invoices in electronic form only. You can view, download and print them via your account in the "My Account" section.
The details of your credit card are encrypted using SSL (Secure Socket Layer) and never pass unencrypted over the Internet. Payment is made directly to our bank which means that no banking information about you passes through the online sales site.
We do not store your banking data on our servers. Therefore, you must inform us with each new order on the Site.
Despite the data encryption, we remind you that no data transmission over the Internet is 100% secure and that the information communicated online can be potentially intercepted and used by other people than the intended recipient.
Thus, we make every effort to ensure the best confidentiality of personal and banking information provided on the Site.
3.4 AVAILABILITY OF PRODUCTS
Our product and price offers are valid as long as they are visible on the Site, except special operations whose validity period is specified on the Site. You are invited to consult the availability of the Products sold on the information page of each Product.
In case of order of a Product which turns out to be temporarily unavailable, we reserve the right to cancel the order subject to informing you.
The whole order will only be processed and shipped when all the Products of this order will be available.
4. DELIVERY
Products purchased on the Site are delivered only in metropolitan France, Belgium, Germany, the Netherlands, Italy, Austria, Spain, Luxembourg, Portugal, Greece, Slovenia, Estonia, Latvia, Metropolitan Lithuania, Depending on your choice, the delivery takes place either at home or at a pickup location, the list of which will be available when choosing the delivery method.
You are also invited to regularly consult your order tracking on your customer account.
If we cannot respect the deadlines due to force majeure or a fortuitous event as defined by the French jurisprudence or by a foreign cause, in particular a fault which is attributable to you, the delivery time is automatically extended according to the duration of the impediment. We will inform you by e-mail of the occurrence and the end of such impediments. If the impediment lasts more than four (4) weeks, you can cancel the order by right, without you being able to claim for compensation.
4.1 HOME DELIVERY
The Products are delivered to the address indicated by you during the ordering process, within the deadline indicated on the payment page before validation of the order as well as in the confirmation email of the order. Delivery times differ according to the delivery method chosen and are given as an indication. The delivery period runs from receipt of your payment and may in no case exceed seven (7) business days.
In case of late delivery, you will be informed by our Consumers Service, who will tell you the new delivery date. Under no circumstances are we responsible for delivery delays caused by the indication by you of an incorrect or incomplete address.
In case of exceeding the delivery deadline of more than seven days, not justified by a case of force majeure, you can request the resolution of the sale in the conditions provided for in Article L.114-1 of the French Consumer Code and obtain reimbursement of sums already paid. The Product will be refunded within thirty (30) days after receipt of the Product in its original packaging and condition.
In the event that the product is not returned in its packaging and in its original condition, the product will not be refunded and will be returned to you.
In case of delivery by a carrier requiring an appointment, the carrier will contact you as soon as possible to arrange a delivery appointment, fifteen (15) days at the latest from the validation date of the order. We cannot be held responsible for late delivery due to unavailability on your part.
Delivery is made at the time of receipt of the order to the address you specified when ordering.
You must notify the carrier of any reservations about the delivered Product (for example: parcel or damaged product, already opened, etc.).The reservations must expressly be indicated on the delivery note.
4.2 PICKUP POINT DELIVERY
The Products are delivered to the pickup location whose details and opening hours appear in the confirmation email within the time indicated on the order summary.
In order to collect your Product, it is advisable to go to this pickup location and provide a proof of identity and the confirmation email of the order.
The delivery is carried out at the time of your reception of the order at the pickup location.
The Product is kept by the pickup location for a period of twenty (20) days from receipt. At the end of this period, if you have not taken possession of the Product, the sale will be cancelled, and we will send you an email to inform you. We undertake, in this case, to refund the sums paid within thirty (30) days from the sending of this email.
You must notify the pickup location all reservations about the delivered Product (for example: damaged package, already opened, etc.). The reservations must expressly be indicated on the delivery note.
5. RIGHT OF WITHDRAWAL
You have the right to withdraw from the Products purchased on the Site, within thirty (30) calendar days of receipt of the Products.
You must express your decision to use your right of withdrawal by contacting the customer service directly before the expiry of the deadline via the online contact form: Customer Service - return e-commerce. The customer service will inform you of the procedure to follow.
Whatever the chosen method of delivery (at home or at a pickup location), in case of exercise of the right of withdrawal, you must return the Product no later than thirty (30) days from the date purchase of the product. You will then receive by email from our customer service, a return slip to stick on your package before deposit in your pickup location.
The Product must be returned in its original packaging (instruction manual and accessories included), in a new condition for marketing, and accompanied by the reference number.
We bear the costs of forwarding, this information is specified on the Site as the case may be, on the following page: https://www.therm-ic.com/en/pages/satisfation-exchange-or-refund Reimbursement of the Product will be confirmed by email and will intervene within a maximum of thirty (30) days from the day we were informed of your decision to use your right of withdrawal. However, we reserve the right to defer the refund until the actual date of receipt of the Product.
In case of partial withdrawal of an order, we only refund the Product(s) which are the subject of the withdrawal.
In case of withdrawal we will not refund delivery charges.
You can also opt for the issue of a credit corresponding to the amount of the returned Products to be valid on a next order on the Site only. We reserve the right to refuse the return of a Product and not to refund it:
• in case of non-compliance with the withdrawal procedure mentioned above;
• if the Product is not accompanied by the invoice or the delivery note received by e-mail by our Customer Service, or available on your account;
• if the Product is not in its original packaging and condition (documents and accessories). A discount on the refund may be applied when the returned product has obviously been used beyond a simple test.
6. LEGAL GUARANTEES
In general, all indications relating to the use of the Products and in particular to the safety rules related to these Products are included in the instructions supplied with the Product.
6.1 LEGAL GUARANTEES
The Products offered on our Site comply with the French legislation and regulations in force.
In case of a product defect, you can benefit from the application of the legal guarantee of conformity of Products (articles L121-4 and consumer Code) of a duration of two (2) years as from their delivery as well as the legal guarantee of hidden defects (article 1641 Civil Code).
• Article L211-4 Consumer Code The seller is required to deliver goods in accordance with the contract and is liable for any 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 has been entrusted to it by the contract or has been carried out under its responsibility.
• Article L211-5 Consumer Code
To be in conformity with the contract, the property must:
• 1. Be fit for use normally expected of a similar good and, where applicable: to correspond to the description given by the seller and possess the qualities that he has presented to the buyer in the form of a sample or model to present the qualities that a buyer may legitimately expect given the public statements made by the seller, the producer or his representative, including advertising or labelling.
• 2. Or have the characteristics defined by mutual agreement by the parties or be fit for any special purpose sought by the buyer, made known to the seller and that the latter has accepted.
• Article L211-12 Consumer Code The action resulting from the lack of conformity is specified as two years from the delivery of the goods.
• Article 1641 Civil Code The seller is bound by the guarantee for reasons of hidden defects of the article sold which render it unfit for the use for which it is intended, or which diminish greatly this use, that the buyer would not have acquired it, or would have given a lower price, had he known about them.
• Article 1648 paragraph 1 Civil Code The action resulting from critical defects must be initiated by the purchaser within two years of the discovery of the defect.
6.2 WARRANTY EXCLUSION
Damages resulting from the following elements are excluded from these warranties:
• failure to comply with the instructions for installation, use and maintenance of the Products,
• use of the Products not in accordance with their intended purpose,
• deterioration and normal wear and tear of the Products,
• modification of the Products, or impact by torsion, compression, dropping or abnormal impact of the Product.
6.3 IMPLEMENTATION OF GUARANTEES
Complying with the guarantees you benefit from, we commit ourselves to:
• refund the Product in full (with return of the Product under the same terms as in article 5) or issue a credit note on a future order on our Site corresponding to the amount of the new Product originally purchased,
• repair the Product where possible and return it to the address you specify
7. AFTER SALES SERVICE
To implement a service request, you can contact our customer service at the following number: +33 9 71 00 10 48 or directly complete the form on the following contact page: CONTACT
8. CONSUMER SERVICE
For any questions about a Product, order tracking, exercise of the right of withdrawal or to invoke the warranty, our customer service is available at the following number: +33 9 71 00 10 48. You can also contact our customer service:
• via the following form: CONTACT
• by post: THERM-IC, 18 rue Léon Béridot PO Box 353 - Champfeuillet ZAC 38509 Voiron Cedex - France.
9. INTELLECTUAL PROPERTY
All texts, comments, works, illustrations, works and images reproduced or represented on our Site are protected by copyright and belong exclusively to us. As such and in accordance with the provisions of the Code of Intellectual Property, the viewing of the Site is only allowed for private use.
Any reproduction or total or partial representation of our Site or all or part of the elements therein is strictly prohibited.
The corporate names, trademarks and distinctive signs reproduced on the Site are protected by intellectual property rights. Reproduction or representation of all or part of any of the aforementioned signs is strictly prohibited and must be subject to prior written authorization from the rights holder.
10. LIABILITY
Our responsibility cannot be held liable for any inconvenience or damage inherent to the use of the Internet, including a break in the service, external intrusion or the presence of computer viruses, affecting the access or operation of the Site.
The photos presented on the Site are provided for illustrative purposes. You are advised to refer to the description of each Product to know its precise characteristics and in case of doubt to contact our customer service.
Our Site may contain links to third-party unedited or uncontrolled sites. Such links are only provided as a convenience; they cannot and should not be interpreted as an express or implied endorsement of these sites, their content or any product or service offered there.
In general, we cannot be held responsible for the non-performance of our obligations in case of fortuitous situation, force majeure, disruption or total or partial strike including postal services and means of transport and / or communications, flooding, fire.
11. PERSONAL INFORMATION - PERSONAL DATA
The information and data concerning you are necessary for the management of your order. They can be passed onto companies that contribute to our relationships such as those responsible for the execution of services and orders for their management, execution, processing and payment. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations but also to improve and personalize the information we send to our customers.
In accordance with the law "RGPD" of May 25, 2018, you have a right of access, rectification and opposition to personal data about you.
To modify or delete your personal information, please contact us at the following email address: data-protection@therm-ic.com .
12. DISPUTES
These Conditions and in general, the relations between the Parties, are governed by French law. In case of dispute, the French courts will be the competent body.
13. CONSUMER MEDIATOR
Our consumer mediator is the Centre de médiation de la consommation de conciliateurs de justice (CM2C). The CM2C is an association with a network of mediators experienced in amicable dispute resolution and with solid experience in the consumer sector.
Name of mediator: Freyermuth Gilbert
Mail: gilbert.freyermuth@gmail.com
Telephone number : +33 6 09 20 48 86
14. SAFEGUARD CLAUSE
In the event that one of the clauses of the Conditions would be declared void and / or non-existent, the other clauses will nevertheless remain in full application.
