Updates on 1st November 2020
Article 1 - Preamble
These general conditions of sale govern the contractual relations between:
- the Company Lowtech, SAS with a capital of 10 000 Euros, whose registered office is located at 7 rue des Corroyeurs 67200 STRASBOURG (FRANCE), registered with the Trade and Companies Register of Strasbourg (FRANCE) under the number "888 618 550 00014", hereinafter called "The Seller "
And:
Any natural or legal person, hereinafter referred to as "the Buyer", who places an order on the website www.thermogroup.com, hereinafter referred to as "the website".
These terms and conditions express the full obligations of the parties.The buyer is deemed to accept them without reservation.
The seller and the purchaser agree that the present general conditions govern exclusively their relationship.The seller reserves the right to modify its general conditions at any time.However, the applicable version of the General Terms and Conditions is the one that is online on the website at the time the buyer places an order.
They will be applicable as soon as they are put online.
If a condition of sale were to fail, it would be considered to be governed by the usages in force in the distance selling sector of which the companies are based in France.
Article 2 - Purpose
The purpose of these terms and conditions is to define the rights and obligations of the parties in connection with the on-line sale of goods offered by the seller to the buyer.
Article 3 - The order
The buyer places his order online on the website, from the online catalog and using the form that appears on it.
In order for the order to be validated, the buyer must accept the present general conditions.He must also mention the delivery address and finally validate the method of payment.
All orders are worth accepting prices and descriptions of products available for sale.Any dispute on this point will be made in the context of a possible exchange and the guarantees mentioned below.
In certain cases, such as failure to pay, wrong address or other problem on the buyer's account, the seller reserves the right to block the buyer's order until the problem is solved.
In case of unavailability of a Product ordered, the buyer will be informed by e-mail.
The cancellation of the order of this Product and its eventual refund will be made, the rest of the order remaining firm and definitive.
For any question related to the follow-up of an order, the buyer must send an email in the form of contact request.
Article 4 - Confirmation of order
The contractual information will be confirmed by e-mail after the order has been placed.
Article 5 - Proof of the transaction
Computerized records kept in the vendor's computer systems under reasonable security conditions shall be regarded as evidence of communications, orders and payments between the parties.The archiving of purchase orders and invoices is carried out on a reliable and durable medium that can be produced as proof.
Article 6 - Product Information
The products governed by the present general conditions are those which appear on the website of the seller and which are indicated as sold and sent by the seller.They are offered within the limit of available stocks.
The products are described and presented with the greatest possible accuracy.However, if errors or omissions could have occurred with respect to this presentation, the liability of the seller could not be incurred.
The photographs of the products are not contractual.
Article 7 - Price
The seller reserves the right to modify its prices at any time but undertakes to apply the rates in effect indicated at the time of the order, subject to availability on this date.
Prices are quoted in Euros.They do not take account of the delivery costs, invoiced in addition according to the location of the recipient, and indicated before the validation of the order.The prices take into account the taxes applicable on the day of the order and any change would be automatically reflected on the price of the products of the online shop.Payment of the full price must be made at the time of the order.The buyer acknowledges that the final validation of his order is subject to the condition of online payment of the amount of the order in case of payment by credit card or provided a bank transfer to the bank account of the seller Corresponding to the amount of the order in case of option for the payment by bank transfer.In case of payment upon receipt of the goods, the order will be final only upon receipt, by the buyer, of the order.At no time, the sums paid can not be considered as a deposit or installments.
The seller reserves the right to cancel the sale in the event of an error which has led to the display of a paltry price on the website.The product is then refunded to the customer.
If one or more taxes or contributions, in particular environmental taxes, were to be created or changed, either up or down, this change could be passed on to the selling price of the products.
Article 8 - Method of payment
To settle his order, the buyer has, at his choice:
- payment by credit card: in this case, your order will be validated only upon receipt of payment
- payment by bank transfer: in this case, your order will be validated only upon receipt of the transfer,
The buyer guarantees to the seller that he has the necessary authorizations to use the method of payment chosen by him, when validating the order.The seller reserves the right to suspend any management of order and any delivery in case of refusal of authorization of payment by credit card from the bodies officially accredited or in case of nonpayment.In particular, the seller reserves the right to refuse to make a delivery or to honor an order from a buyer who has not paid in full or in part for a previous order or with which a payment dispute is being administered .
Article 9 - Availability of products
Except in case of force majeure or during the closing periods of the online shop which will be clearly announced on the homepage of the site, the delivery times will be, within the limits of the available stocks, those indicated below.The time of shipment runs from the acceptance of the payment of the order by the banking centers concerned.
The delivery time is 3 working days maximum from the day the payment of the order has been validated by the center of bank payment of the seller for the metropolitan France.For other countries, this period is stipulated on the website during the purchase process.
In the event of non-compliance with the contractual deadlines, the Purchaser may resolve the contract by registered letter with acknowledgment of receipt, after having instructed the Seller to make the delivery within a reasonable additional time.Nevertheless, the Buyer can also immediately resolve the contract, if the dates or deadlines seen above constitute for him an essential condition of the contract of sale.In this case, when the contract is resolved, the Seller is obliged to reimburse the Purchaser for all the sums paid in respect of the order, at the latest within 14 days from the date on which the contract was denounced by the buyer. 'Buyer.
In case of unavailability of the ordered product, the Buyer will be informed as soon as possible and will be able to cancel his order.The Buyer will have the choice
To request either the refund of the sums paid within 30 days at the latest of their payment, or the exchange of the product.
Article 10 - Modalities of delivery
Delivery is only made after confirmation of payment by the seller's bank.
The ordered products are delivered by an independent carrier at the sole initiative of the seller.
The products are delivered to the address indicated by the buyer on the order form, the buyer will have to ensure its accuracy.Any parcel returned to the seller due to an incorrect or incomplete delivery address will be redirected at the buyer's expense.
The buyer can, at his request, get an invoice sent to the billing address and not to the delivery address, validating the option provided on the order form.
If the buyer is absent on the day of delivery, the deliveryman will leave a notice of passage in the mailbox, which will allow to withdraw the parcel at the place and during the indicated time ie to the courier company Concerned within a maximum period of 7 days.In the absence of withdrawal per customer within this period of 7 days, the order is returned to the seller.
At the time of delivery, the buyer may waive receipt of the goods in the presence of the deliverer.
If at the time of delivery, the original packaging is damaged, torn open, the buyer must then check the condition of the items.If they have been damaged, the buyer must imperatively draw up a certificate of damage in the presence of the delivery person.
The buyer must indicate on this certificate his handwritten reservations accompanied by his signature indicating any anomalies concerning the delivery (damage, missing product in relation to the delivery note, damaged package, broken products, etc.).
Such verification shall be deemed to have taken place when the buyer, or a person authorized by him, has signed the delivery note.
The buyer must then confirm by e-mail or telephone his reservations to the seller at the latest within one working day of receipt of the item (s).
If the products need to be returned to the seller, they must be returned to the seller within 7 days of delivery.Any complaint made outside this period can not be accepted.The return of the product can be accepted only for the products in their state of origin (packaging, accessories, notice ...).
Article 11 - Errors of delivery
The buyer must notify the seller on the same day of the delivery or at the latest on the first working day following the delivery, any complaint of error of delivery and / or non-conformity of products in kind or quality compared to Indications on the order form.Any claims made after this deadline will be rejected.
The complaint can be made by the contact form by email or by means of the RMA form.In any event, any claim must be made through the RMA form available on the vendor's website.
Any complaint not made in the rules defined above and in the time allowed can not be taken into account and will release the seller of any responsibility towards the buyer.
Upon receipt of the complaint, the seller will assign an exchange number of the product (s) concerned and will communicate it by e-mail or telephone to the buyer.The exchange of a product can only take place after the allocation of the exchange number.
In case of error of delivery or exchange, any product to be exchanged or refunded must be returned to the seller as a whole and in its original packaging according to the methods indicated by the seller.
The return costs are the responsibility of the seller.
Article 12 - Product Warranty
According to the legal texts in force, the seller guarantees the buyer against all the consequences of the hidden defects of the thing sold.
The products sold on the website have a standard warranty of 2 years.Repair and replacements under the warranty do not give rise to a new warranty period and do not extend the original warranty.Some products have a longer warranty.This notice appears on the product description sheet on the website.
The guarantee is excluded if the malfunction:
- Arises from negligence or lack of maintenance by the user, or force majeure,
- Of the use of the products under conditions not conforming to their destination or their specifications of use,
- Resulting from installation or use not in conformity with the rules of the art, the DTU or the technical specifications mentioned in the instructions,
- Resulting from an intervention / modification on the property carried out without authorization.
For any replacement parts request:
- A request must be sent by email, including the serial number of the boiler and the detail of the defect concerned
- You receive a quote with the amount to be provisioned before the delivery of the new part
- After receiving and verifying the defective part, the provision is returned to you
Article 13 - Right of withdrawal
In accordance with the provisions of the Consumer Code, the buyer has a period of 14 working days from the date of delivery of his order to return any item that does not suit him and request the exchange or refund without penalty , With the exception of the costs of return which remain the responsibility of the buyer.
Only the returned products will be taken in their entirety, in their original packaging complete and intact, and in perfect condition of resale.Any product which has been damaged, or whose original packaging has been damaged, will not be refunded or exchanged.
Article 14 - Return Procedure
The buyer has a period of 14 days from receipt of the product (s) to notify the seller, using the RMA form available on the seller's website, of his wish to return the product.The Buyer then has 14 days to return or return the products.
The product must be returned to the seller, whole, not disassembled and in its original packaging to the address indicated by the seller.This right of withdrawal is exercised without penalty, it being understood that the expenses of return are the responsibility of the buyer who must take in charge the expenses of redirection.The seller undertakes to contact the carrier to proceed with the return of the product (s).In the case of an exchange, the redirection will be at the expense of the buyer.
The Seller shall reimburse the Purchaser for all amounts paid, including delivery charges, without undue delay and no later than 14 days from the date on which he is informed of the consumer's decision to withdraw.
The Seller may, however, postpone the refund until the goods have been recovered or until the Purchaser has provided proof of the shipment of the goods, whichever is the earlier.
The buyer will be reimbursed by credit of his bank account (secure transaction).
Article 15 - Breakdown
When the purchased product fails, the buyer must contact the seller by phone or email.The seller informs the buyer if it is necessary to return the product in which case the seller informs the buyer the procedure to follow.
Upon receipt of the faulty product, the technical service will analyze it to determine if the failure results from a misuse of the product by the buyer or not.
If the failure is not related to misuse of the product by the buyer, the shipping costs are covered by the seller.
If the breakdown is linked to a misuse of the product by the buyer, the shipping costs, covered by the seller, may be charged to the customer.
If the product can not be repaired while the claim made by the customer has been accepted by the seller, the seller will be reimbursed or exchanged.
Article 16 - Force majeure
Any circumstances beyond the control of the parties preventing the normal execution of their obligations shall be regarded as grounds for exemption from the obligations of the parties and shall lead to their suspension.
The party invoking the circumstances referred to above shall immediately notify the other party of their occurrence and of their disappearance.All acts or circumstances irresistible, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which can not be prevented by the parties, in spite of all reasonably possible efforts, shall be considered as cases of force majeure.
Expressly, force majeure or unforeseeable circumstances are considered, in addition to those usually adopted by the jurisprudence of the French courts and tribunals: the blocking of means of transport or of supplies, earthquakes, fires, storms, floods, Lightning, shutdown of telecommunication networks or difficulties specific to telecommunication networks external to customers.
The parties will come together to examine the impact of the event and to agree on the conditions under which the performance of the contract will be continued.If the case of force majeure has a duration of more than three months, these general conditions may be terminated by the injured party.
Article 17 - Partial non-validation
If any provision of these Terms and Conditions is held to be invalid or declared to be invalid or unenforceable by law, regulation or as a result of a final decision of a court of competent jurisdiction, And their scope.
Article 18 - Non-waiver
The fact that one party does not avail itself of a failure by the other party to any of the obligations referred to in these general conditions can not be interpreted in the future as a waiver of the obligation in question.
Article 19 - Title
In case of difficulty of interpretation between any of the titles at the head of the clauses, and any of the clauses, the titles will be declared non-existent.
Article 20 - Applicable Law
These general conditions are subject to the application of French law, with the exception of the provisions of the Vienna Convention.This is true of the substantive rules as well as the rules of form.In case of dispute or complaint, the buyer will address in priority to the seller to obtain an amicable solution.Failing this, the buyer may institute proceedings before the court of his choice.
Morgan F
