These terms and conditions of sale are applicable from June 1st, 2021.
Definitions:
BUYER or CLIENT: person contracting with Thermequin for the purchase of goods.
ORDER CONFIRMATION: written document sent by Thermequin confirming the order placed between the buyer and Thermequin.
THE PARTIES: refers to the company Thermequin and its client
SPECIAL CONDITIONS: means the sales contract concluded between Thermequin and the buyer
ORDER: means the written document sent by the client Thermequin and which indicates the products, quantities, period, and conditions accepted by the buyer.
ARTICLE 1 – Scope of Application
These General Terms and Conditions of Sale (“GTC”) apply, without restriction or reservation, to all sales concluded by the Seller with non-professional buyers (“Customers or Customer”), wishing to purchase the products offered for sale (“Products”) by the Seller on the website www.thermequin.fr
The Products offered for sale on the website are as follows: specific equine care products. (“Products”).
The main characteristics of the Products and in particular the conditions of use of the products mentioned on the product labeling are presented on the site www.thermequin.fr, which the customer is required to read before ordering.
The choice and purchase of a Product are the sole responsibility of the Customer.
Product offers are understood to be within the limits of available stocks, as specified when placing the order.
These GTC are accessible at any time on the site www.thermequin.fr and will prevail over any other document.
The Customer declares that he/she has read these GTC and accepted them by checking the box provided for this purpose before implementing the online ordering procedure on the site www.thermequin.fr
Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact details are as follows:
Thermequin SAS with a capital of €1000.00, registered with the RCS of Bergerac under number 893 4448 274, having its registered office at 76 route du Malpas lieu dit Benevantie 24150 Cause de Clérans
Email: contact@thermequin.fr
The Products presented on the website www.thermequin.fr are offered for sale in the following territories: France.
In the event of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and overseas departments and territories, the price will be automatically calculated exclusive of taxes on the invoice. Customs duties or other local taxes or import duties or state taxes may be payable. They will be at the Customer’s expense and are the sole responsibility of the Customer.
ARTICLE 2 – Orders – Customer’s personal space
The Products are provided at the prices in force appearing on the site www.thermequin.fr, at the time of registration of the order by the Seller.
Prices are expressed in Euros, excluding and including VAT.
Prices take into account any discounts that may be granted by the Seller on the site www.thermequin.fr.
These prices are firm and non-revisable during their validity period but the Seller reserves the right, outside the validity period, to modify the prices at any time.
Prices do not include processing, shipping, transport, and delivery costs, which are invoiced in addition, under the conditions indicated on the site and calculated before placing the order.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs.
An invoice is drawn up by the Seller and given to the Customer upon delivery of the ordered Products.
To place an order, the Customer is invited to create an account (personal space).
To do so, he/she must register by filling in the form that will be offered to him/her at the time of his/her order and undertake to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address.
The Customer is responsible for updating the information provided. It is specified that he/she can modify it by logging into his/her account.
To access his/her personal space and order history, the Customer must identify himself/herself using his/her username and password provided to him/her after registration and which are strictly personal. In this capacity, the Customer is prohibited from disclosing them. Otherwise, he/she will remain solely responsible for the use made of it.
The Customer may also request to unsubscribe by going to the dedicated page in his/her personal space or by sending an email to: contact@thermequin.fr. This will be effective within a reasonable period of time.
In the event of non-compliance with the general terms and conditions of sale and/or use, the website www.thermequin.fr shall have the possibility of suspending or even closing the account of a customer after an electronic notice sent and remaining ineffective.
Any deletion of an account, whatever the reason, entails the pure and simple deletion of all personal information of the Customer.
Any event due to a case of force majeure resulting in a malfunction of the website or server and subject to any interruption or modification in case of maintenance, does not engage the responsibility of the Seller. The creation of the account entails the acceptance of these general terms and conditions of sale.
ARTICLE 3 – Terms of payment
The price is paid by secure payment, according to the following terms: payment by credit card or Paypal.
The price is payable in full by the Customer on the day of placing the order.
Payment data is exchanged in encrypted mode using the protocol defined by the authorized payment service provider involved in banking transactions carried out on the website wwwthermequin.fr.
Payments made by the Customer will be considered final only after effective collection by the Seller of the amounts due.
The Seller will not be required to deliver the Products ordered by the Customer if the latter does not pay him/her the full price under the conditions indicated above.
ARTICLE 4 – Deliveries
The Products ordered by the Customer will be delivered in metropolitan France.
Deliveries are made within 3 to 7 days to the address indicated by the Customer when placing the order on the site.
Delivery is constituted by the transfer to the Customer of physical possession or control of the Product. Unless there is a particular case or unavailability of one or more Products, the ordered Products will be delivered in one go.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the specified time limits above.
If the Products ordered have not been delivered within 21 days after the indicative delivery date, for any reason other than force majeure or the Customer’s act, the sale may be terminated at the written request of the Customer under the conditions provided for in Articles L 216-2, L 216-3, and L241-4 of the Consumer Code. The sums paid by the Customer will then be refunded to him/her at the latest within fourteen days following the date of denunciation of the contract, excluding any compensation or retention.
Deliveries are ensured by an independent carrier, to the address mentioned by the Customer when placing the order and to which the carrier can easily access.
When the Customer has himself/herself made use of a carrier he/she has chosen, delivery is deemed to have been made as soon as the Seller hands over the ordered Products to the carrier who accepts them without reservations. The Customer acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
The Customer is responsible for checking the condition of the delivered products. He/she has a maximum period of 7 days from the delivery to make complaints by email to contact@thermequin.fr, accompanied by all supporting documents (especially photos). After this period and failing to comply with these formalities, the Products will be deemed to be in conformity and free of any apparent defect, and no claim can be validly accepted by the Seller.
The Seller will refund or replace as soon as possible and at its expense, the delivered Products whose lack of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 and following of the Consumer Code and those provided for in these GTC.
Failure to comply with the procedure defined above and the deadlines will mean that the Products cannot be taken into account and release the Seller from any responsibility towards the Customer.
The transfer of risks of loss and damage relating thereto will only be realized upon delivery of the Products to the Customer and this will only be the Seller who will make the request for the carrier’s refund of the Products transported.
ARTICLE 5 – Retraction
Under the conditions provided for in Article L 221-18 of the Consumer Code, the Customer has a period of fourteen (14) days to exercise his/her right of withdrawal without having to justify any reasons or to pay penalties, with the exception of return costs.
The withdrawal period expires fourteen days after the day on which the Customer, or a third party other than the carrier and designated by the Customer, physically takes possession of the last Product.
To exercise the right of withdrawal, the Customer must notify his decision to withdraw from this contract by means of an unambiguous declaration (for example, letter sent by post, fax, or email) to:
Thermequin SAS, 76 route du Malpas lieu dit Benevantie 24150 Cause de Clérans, Email: contact@thermequin.fr
The Customer can also use the withdrawal form template available here, but it is not mandatory.
To comply with the withdrawal period, it is sufficient for the Customer to send his/her communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period.
Effects of withdrawal:
In the event of the Customer’s withdrawal from this contract, the Seller undertakes to reimburse all payments received from the Customer, including delivery charges (except for additional costs arising from the fact that the Customer has chosen, if applicable, a delivery method other than the less expensive standard delivery method offered by the Seller) without undue delay and, in any event, no later than fourteen days from the day on which the Seller is informed of the Customer’s decision to withdraw from this contract.
The refund will be made using the same means of payment as the one used by the Customer for the initial transaction, unless the Customer expressly agrees to a different means, in any case, this reimbursement will not incur costs for the Customer.
The Seller may defer the refund until the goods are recovered or until the Customer has provided proof of shipment of the goods, whichever comes first.
The Customer must return or return the goods to the Seller without undue delay and, in any event, no later than fourteen days after he has communicated his decision to withdraw from this contract, at the latest.
This period is considered to have been met if the Customer returns the goods before the expiration of the fourteen-day period.
The direct costs of returning the goods are the responsibility of the Customer.
Responsibility of the Customer:
The Customer is only responsible for the depreciation of the goods resulting from manipulations other than those necessary to establish the nature, characteristics, and proper functioning of these goods.
ARTICLE 6 – Guarantees
The Seller is responsible for compliance with the defects of the goods under the conditions of Articles L 217-4 and following of the Consumer Code and the hidden defects of the thing sold under the conditions provided for in Articles 1641 and following of the Civil Code.
Provisions relating to legal guarantees:
Article L217-4 of the Consumer Code:
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 packaging, assembly instructions, or installation when the latter has been charged to him by the contract or has been carried out under his responsibility.
Article L217-5 of the Consumer Code:
To be in conformity with the contract, the goods must:
1. Be fit for the use usually expected of a similar good and, where applicable: – correspond to the description given by the seller and possess the qualities that the seller has presented to the buyer in the form of a sample or model; – present 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 have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller’s knowledge and accepted by the seller.
Article L217-12 of the Consumer Code:
The action resulting from the lack of conformity is time-barred after two years from the delivery of the goods.
Article 1641 of the Civil Code:
The seller is bound by the guarantee for reasons of hidden defects of the item sold which make it unsuitable for the use for which it is intended, or which reduce 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.
Article 1648 of the Civil Code:
The action resulting from latent defects must be brought by the purchaser within two years from the discovery of the defect.
ARTICLE 7 – Liability
The Seller cannot be held responsible for damages of any kind, whether material, immaterial, or bodily, which could result from a malfunction or improper use of the Products sold.
The same applies to any modifications made to the Products by the manufacturers.
The responsibility of the Seller will be systematically sought, if there is a defect in the Product.
ARTICLE 8 – Data Protection
The information collected is subject to computer processing intended for the proper management of the Customer’s orders and commercial relations.
The recipient of the data is Thermequin.
In accordance with the law “Informatique et Libertés” of 6 January 1978 as amended and the European Regulation of 27 April 2016 on the protection of personal data (RGPD), the Customer has a right of access, rectification, erasure, limitation, portability of personal data concerning him/her, which he/she can exercise by contacting Thermequin.
The Customer may also, for legitimate reasons, object to the processing of data concerning him/her.
All details are detailed in our Privacy Policy available on our website.
ARTICLE 9 – Miscellaneous provisions
Contractual tolerance – The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in these GTC shall not be interpreted for the future as a waiver of the obligation in question.
Force majeure – Neither party shall be liable to the other party for the non-performance or delay in the performance of any of its obligations, if such non-performance or delay is due to the occurrence of a force majeure event.
Assignment of the contract – The contract concluded between the Seller and the Customer cannot be transferred by the Customer to a third party without the prior written consent of the Seller.
Integration of the contract – These GTC and the order form transmitted to the Customer form a contractual whole and constitute the entirety of the contractual relations between the parties.
Nullity of a clause – If any provision of these GTC is declared null and void, the other provisions shall remain in force and the null and void provision shall be replaced by the provision that comes closest to the economic content of the invalidated provision.
Amendment of the GTC – The Seller reserves the right to modify these GTC at any time.
Applicable law – These GTC and the operations arising therefrom are governed by and subject to French law.
Disputes – In the event of a dispute, the Customer shall first contact the Seller to obtain an amicable solution.
Failing an amicable agreement, the Customer, who has the status of a consumer, may refer the matter to a mediator, under the conditions provided for in Title I of Book VI of the Consumer Code.
Article 10 – Applicable law – Language of the contract
These GTC and the operations arising therefrom are governed by and subject to French law.
These GTC are written in French. In the event they are translated into one or more foreign languages, only the French text shall prevail in case of dispute.
Article 11 – Disputes
For any claim, please contact customer service at the postal or email address of the Seller indicated in ARTICLE 1 of these GTC.
The Customer is informed that in any case, he/she can resort to conventional mediation, through existing sectoral mediation bodies or any alternative dispute resolution method (conciliation, for example) in case of dispute.
All disputes to which the purchase and sale transactions concluded under these general terms and conditions of sale may give rise, regarding their validity, interpretation, execution, termination, consequences, and aftermath, and which could not be resolved amicably between the seller and the customer, shall be submitted to the competent courts under the conditions of common law.
Article 12 – Pre-contractual information – Customer acceptance
The Customer acknowledges that he/she has been provided, prior to immediate purchase or placing of his/her order and conclusion of the contract, in a clear and understandable manner, with these General Terms and Conditions of Sale and all the information listed in Article L.221-5 of the Consumer Code, including the following information:
- the essential characteristics of the Product,
- the price of the Products and additional costs (delivery, for example);
- in the absence of immediate execution of the contract, the date or deadline by which the Seller undertakes to deliver the Product,
- information about the identity of the Seller, his/her postal, telephone, and electronic contact details, and his/her activities, if not apparent from the context,
- information about legal and contractual warranties and their terms of implementation,
- the functionalities of digital content and, where applicable, its interoperability,
- the possibility of resorting to conventional mediation in case of dispute.
The act of a natural person (or legal entity) making an immediate purchase or ordering a Product implies full acceptance of these General Terms and Conditions of Sale and obligation to pay for the ordered Products, which is expressly acknowledged by the Customer, who waives, in particular, any contradictory document that would be unenforceable against the Seller.