ARTICLE 1 - SCOPE AND MODIFICATION OF THE GENERAL TERMS AND CONDITIONS.
1.1 These General Terms and Conditions of Sale apply to all Purchase Orders placed on Warm-on.fr website
- by professional buyers established in France (metropolitan territory) and other countries – Member States of the European Union, including legal entities acquiring Products for needs not directly related to their professional activity.(hereinafter – “Customers”).
1.2 The Products presented on the Warm-on.fr website are offered for sale in the following countries: France, Member States of the European Union.
1.3 These General Terms and Conditions of Sale prevail on any and all other general terms and conditions of sale, in particular those applicable to sales in stores or through other distribution and marketing channels.
1.4 The General Terms and Conditions of Sale in force on the day of the Purchase Order shall be applied to each relevant Order. The Warm-on.fr website reserves the right to adapt or modify these General Terms and Conditions of Sale at any time without prior notice. These General Terms and Conditions of Sale are accessible at any time on this website and shall prevail, if necessary, over any prior version thereof or any other contrary document. Unless proven otherwise, the data recorded on the Warm-on.fr website when a Purchase Order is placed constitutes exhaustive evidence of all relevant transactions.
ARTICLE 2 – VALIDATION OF ORDERS
2.1 By validating the Order Form, the Customer acknowledges:
- having read and understood these General Terms and Conditions of Sale;
- irrevocably approves and accepts these General Terms and Conditions of Sale, as well as the Prices of the Products and services sold on the site Warm-on.fr, and therefore
- waives the right to rely on any prior or contrary document, and in particular their own General Conditions of Purchase.
2.2 Validation of a Purchase Order, coupled with authentication and non-repudiation procedure and the protection of the integrity of electronic messages constitutes an Electronic Signature. Such signature is vested with the same value between the Parties as a handwritten signature.
ARTICLE 3 – PRODUCTS AND AVAILABILITY
3.1 Product Offers and Prices are valid as long as they are visible on the Warm-on.fr website within the limits of available stock. All Products featured on the website are deemed available, if not otherwise indicated.
In the event of unavailability or stock-shortage, Warm-on.fr undertakes either to offer the Customer a similar Product which can be delivered within the limit of 30 days around the Delivery Date initially planned, or to reimburse the Price paid . The Customer may obtain reimbursement by bank transfer upon simple request directed to our Customer Service by e-mail. To enable swift processing of requests, Customers are invited to provide the Purchase Order number and full contact details.
3.2 The date of Purchase Order Validation is defined as:
The date of the order in case of payment by debit card, credit card or PayPal online; or
The date of receipt of the transfer in case of payment by wire transfer;
ARTICLE 4 – PRICE
4.1 The Products are supplied at the Price applicable on the day of confirmation of acceptance of the Purchase Order by the Seller, such as communicated to the Customer prior to placing the Purchase Order. The Prices are stated in EURO including VAT (Value Added Tax), but the invoicing for Orders deliverable in France shall exclude VAT. For Orders deliverable in France to a Customer subject to VAT in France, the French VAT number must be provided by the Customer prior the Delivery .The Prices may be subject to processing, shipping and transport fees, such as specified by Warm-on.fr site at the time of validation of the Purchase Order.
4.2 Any preliminary study - including, for example, an unrolled surface plan – is provided free of charge. Customers are responsible for verifying preliminary quotes and studies prior to confirming the Purchase Order.
ARTICLE 5 – TERMS, METHODS AND SECURITY OF PAYMENTS
The choice of payment terms and methods is made at the "Payment" stage of the Order Validation process.
5.1 Payment Methods
Depending on the terms of payment selected, a choice of payment method is offered from the following list:
By wire Transfer (the bank charges of the Customer’s bank are borne by the Customer);
By credit card VISA, Mastercard or other through the PayPal link.
By credit card VISA, Mastercard, American Express or via Worldline / SaferPay
The Purchase Order is booked and processed upon receipt of payment.
5.2. General Terms
The Seller shall not be bound to deliver the Products ordered by the Customer until payment of the Purchase Order is confirmed under the conditions and according to the methods chosen by the Customer among the possibilities indicated in Article 5.1 herein. No discount shall be applied by the Seller for earlier payments or other payments than the one appearing on the invoice issued by the Seller.
5.3. Securing Payment Methods
Credit card details are encrypted using the SSL (Secure Socket Layer) protocol. Payments are made by means of secured online transactions. Warm-on.fr has no access to such data and does not store it on the site’s servers. Credit card details shall therefore be requested for each new transaction on the site.
5.4 Default of Payment
Warm-on.fr reserves the right to refuse to make a Delivery or to fulfil a Purchase Order of a Customer who has not fully or partially paid a previous Purchase Order or against whom a payment dispute is pending.
5.6. Retention of Title
The risks of the delivered goods are transferred to the Customer immediately upon the receipt of the Order from the Customer. Any deposit paid by the Customer shall remain with the Seller as lump sum compensation of damages, without prejudice to any other remedies available to the Seller under the applicable law and these General Terms and Conditions of Sale. In the event of failure of the Customer to pay the Price of the Purchase Order, whether partially or in full, the Seller reserves the right of ownership over the Products sold until full and final payment and shall be entitled to regain possession thereof if already delivered.,
5.7. Use of Vouchers and Discount Codes
Vouchers and discount codes can only be used for purchase of material goods. Discount codes distributed to Customers must be entered manually prior to processing and paying the order. The vouchers and discount codes credited to customer’s account as commercial gestures cannot be converted into refund cheques.
ARTICLE 6 – TERMS OF DELIVERY
6.1 In General
a) Address of Delivery. - Delivery is only possible in France (incl. Monaco). Delivery is not possible in the FRENCH OVERSEAS DEPARTMENTS AND TERRITORIES. The Products are delivered to the Delivery Address indicated by the Customer during the Order Validation process, which may be different from the billing address.
b) Costs of Delivery. - Customer’s participation in the costs related to preparation and shipping of packages are indicated on Warm-on.fr website at the “Shipping Costs” stage of the order validation process.
c) Conditions of Delivery. – During the Order Validation process stage, the Customer is requested to indicate the digital door code, if any, and/or the obstacles to delivery by normal access routes (stairs, elevator, landing doors). It is the Customer’s responsibility to check, prior to validating any Purchase Order that the Products can be transported by normal access routes to the Place of Delivery. If the Delivery appears impossible without interfering with the obstacles or the topology of the Place of Delivery, the carrier may refuse Delivery and reschedule it at a later date at the carrier’s convenience. In the latter case, an additional trip shall be charged by the carrier. The carrier in charge of the Delivery may refuse to deliver the Product if the Customer misinforms about it or fails to indicate the actual conditions of Delivery. Prior to any performance, the Customer must carry out all the preparations and/or construction works necessary for successful completion of the Delivery. Neither the Seller nor the carrier responsible for the Delivery shall be required to carry out works necessary for Delivery of the Product. In the event of absence of the Customer at Place of Delivery, it shall be impossible for the carrier to deliver the items on the agreed date.
d) Method of Delivery. - The customer shall receive a tracking number and shall be able to follow the Delivery of the order through the online platform of the Carrier. The customer shall be able to update the day/time of Delivery at any time. The Customer’s presence on the agreed Date of Delivery shall be required for reception of the parcel, failing which the carrier shall leave a transit advice note and the rescheduled Delivery shall be effected at the Customer’s expense. In rural areas, delivery trucks shall in all cases remain on public roads (tarred and dimensioned) and at no time shall use private roads. Delivery can only be made within the limits of the public domain.
WARNING: carefully check the condition of the parcel before the carrier leaves and refuse it if damaged. Any package accepted shall be deemed compliant and shall enable no legal redress. The mere fact of expressing reservations entails no remedy.
ARTICLE 7 – TIME OF DELIVERY
7.1 The timeframes are calculated in working days (excluding Saturdays, Sundays and public holidays). The Time of Delivery corresponds to the sum of Dispatching Time and the estimated Shipping Time of Delivery as indicated below.
7.2 The Dispatching Time warranted by Warm-on.fr is indicated in the description of the Products and confirmed upon Validation of the Purchase Order.
7.3 The timeframes run from the date of Validation of the Purchase Order as defined in Article 2 herein. Warm-on.fr undertakes to apply best efforts to ship the Products ordered within the timeframes announced at the time of the Order. In the event of a major overrun of the estimated shipping time, the Customer shall be notified by e-mail. Minor overruns related to vagaries of logistics shall not give rise to compensation or retention by the Customer. Cancellation of the Purchase Order may be accepted in the event of an extension of the estimated shipping time, expressed in working days, by more than 20% compared to the number of days announced at the time of validation of the Purchase Order. In the latter case, the Customer shall be entitled to cancel the Purchase Order, in part or in full, on simple request addressed by email to the Customer Service, provided that such request reaches the Customer Service no later than 4 (four) working days before the estimated date of shipment, such as indicated in the Customer ‘s Account at the time of receipt of the request.
ARTICLE 8 – UNDELIVERABLE PARCELS
Are considered undeliverable the packages that could not be delivered to the final recipient for the following reasons, without limitation: “dead letter mail”, returned to sender, unclaimed, refused, transport damage, spoliation, etc. In all cases of refunds detailed in this article, the conversion of the Purchase Voucher into reimbursement by wire-transfer is possible by sending a request by e-mail to the following address: email@example.com.
8.1. « Dead Letter Mail »
a) In general. - Are considered “Dead Letter Mail” undelivered parcels returned by the service provider in charge of Delivery with a mention: “Recipient does not reside at the indicated address”.
b) Processing. - Upon receipt and acceptance of return of undelivered package, depending on the nature of the Product, availability and the Customer’s wishes, Warm-on.fr shall offer to reship the Product initially ordered or an exchange product with equivalent characteristics. If none of the above is suitable/possible or absent any choice communicated within 48 hours of receipt of the package by Warm-on.fr, the Customer shall receive reimbursement in the amount of the returned Product’s paid price, excluding shipping costs invoiced in the Purchase Order.
8.2. Unclaimed Delivery
a) In general. - Are considered unclaimed deliveries packages that have not been claimed by the Customer within the applicable time limit.
b) Processing. - Upon receipt and acceptance of return of unclaimed delivery, the Customer shall receive reimbursement t within 48 hours of receipt of the package in the amount of the returned Product’s price, excluding shipping costs invoiced in the order.
8.3. Refused Parcels
a) Parcels refused upon Delivery. - Upon receipt and acceptance of return of refused parcels, the Customer shall receive reimbursement within 5 working days of receipt of the package in the amount of the returned Product, excluding shipping costs invoiced in the Purchase Order.
b) Refusal of a package that showed obvious traces of opening and/or shocks. - Upon delivery, in the presence of the driver, before signing the delivery slip and thereby accepting the package, the Customer must check the state of the package and the Product. Such verification is considered to have been carried out once the Customer, or a person authorized by the Customer, has signed the delivery slip. In the event of DAMAGE NOTICED, the Customer must formulate specific reservations on the delivery slip. The mention “subject to unpacking” shall not constitute a specific reservation. The Customer must accurately describe the condition of the packaging and/or the product (for example, without limitation: breakage noises; packaging open, damaged, torn, pressed … on the bottom right corner; product scratched, pressed, on the left side, etc. The pictures of the apparent damages may be attached). The Customer must further confirm such reservations by registered mail to the carrier no later than 48 working hours following receipt of the item(s), and send a copy of this letter to the Customer Service by e-mail at the following address: firstname.lastname@example.org, reminding the references featured on the delivery slip.
PLEASE NOTE: The verification of the condition of the Product is considered to have been carried out once the delivery slip has been signed. Consequently, IN CASE OF NON-COMPLIANCE WITH THE ABOVE INDICATIONS, NO COMPLAINT SHALL BE ADMITTED.
Upon receipt and acceptance of the returned delivery, depending on the nature of the Product, availability and the Customer’s wishes, Warm-on.fr shall offer to reship the product initially ordered or an exchange product with equivalent characteristics. If none of the above is possible/suitable or absent any choice communicated within 48 hours of receipt of the package by Warm-on.fr, the Customer shall receive reimbursement in the amount of the Purchase Order (including the price of the Product(s) + shipping costs if the order was shipped in a single shipping).
a) In general.- Are considered as undelivered for cause of spoliation, without limitation: open packages; packages featuring traces of shock, empty packages, etc.
b) Processing. - Upon receipt and acceptance of return of undelivered package, depending on the nature of the product, availability and the Customer’s wishes, Warm-on.fr shall offer to reship the Product initially ordered or an exchange product with equivalent characteristics. If none of the above is possible/suitable or absent any choice communicated within 48 hours of receipt of the package by Warm-on.fr, the Customer shall receive reimbursement account in the amount of the Purchase Order (including the price of the product(s) + shipping costs if the order was shipped in a single shipping).
ARTICLE 9 - RIGHT OF WITHDRAWAL
9.1. Time Limit for Unilateral Withdrawal
Warm-on.fr avails the Customers with a withdrawal period of sixty (60) days from the date of receipt of the Product. However, the right of withdrawal may be exercised starting from the date of conclusion of the Contract.
It is specified that in the case of a Purchase Order relating to several goods delivered separately or an order for goods made up of batches or multiple parts, the delivery of which is staggered over a defined period, the withdrawal period runs from the receipt of the last goods or the last part of the goods.
To exercise the right of withdrawal, the Customer must notify Warm-on.fr within 60 days, as provided above, of his intention to withdraw from the contract by completing and sending the withdrawal form available on the Site, by regular mail to the following address: Warm-on.fr / GammaSwiss SA, y-Park - Rue Galilée 6, 1400 Yverdon-les-Bains, Switzerland, or by email at email@example.com.
Warm-on.fr shall immediately send the Customer an acknowledgment of receipt of the withdrawal form.
The Customer must then return the Products accompanied by a copy of the invoice to the following address: Warm-on France C/O Warm-On GmbH, i-Park Tauberfranken 18, Lauda-Königshofen, Germany. The costs and risks of returning are the sole responsibility of the Customer.
The Products to be returned must not have been used or damaged and must be returned intact in their original packaging with any accessories, user manuals and other documentation.
The responsibility of the Customer may be engaged in the event of deterioration of the Product by the Customer.
9.2. Effects of withdrawal
Warm-on.fr undertakes to reimburse the Customer for the price of the Purchase Order within 14 days of receipt of the Products or at least of proof of shipment of the Products (first of the two dates). The refund shall be effected via the means of payment used by the Customer for the initial transaction.
ARTICLE 10 – QUALITY WARRANTY
10.1. General Terms.
The Customer must, under penalty of foreclosure of any action or remedy relating thereto, inform the Seller in writing of the existence of any defects within a maximum period of TWO YEARS starting from the date of Delivery.
Customers must contact the Customer Service of Warm-on.fr as soon as the malfunction or breakdown is found. Customers are expected to provide a precise description of the problem encountered with the Product.
To enable the quality warranty, the purchase invoice of the Product must be conserved. The completed acceptance test certificate is required to be adduced to all warranty claims. The warranty certificate is annexed to the installation manual supplied with the Product.
In the event of malfunction or breakdown, a diagnosis must be drawn by a qualified professional, at the Customer’s diligence and cost. WARNING: PRODUCTS WITH PROVEN MALFUNCTION OR BREAKDOWN ONLY shall be accepted for warranty treatment.
10.2. Manufacturer’s Warranty.
The manufacturer's warranty is featured on the Product Sheet (The duration of the warranty may vary depending on the manufacturer, the minimal term being at least 12 months).
Warm-on.fr shall not be held liable for actions undertaken and decisions made by the Manufacturer's After-Sales Service.
10.3 Seller’s Warranty of Latent Defects
Customers declaring that a Product is affected by a defect which could not be reasonably detected upon acceptance of Delivery must provide proof thereof, for example, and without limitation, by expert opinion. Evidence of the defect must be submitted to the Customer Service of Warm-on.fr as soon as possible.
If the defect is evidenced to satisfaction of the Customer Service, the latter shall communicate the return agreement number and the procedure for returning the Product to the Customer. Upon the Customer’s choice and depending on the availability of the Product, the Seller shall deliver a substitute Product of equivalent characteristics or refund the price of the Order excluding the Delivery costs.
The costs of returning the Product are borne by the Customer. The costs of expert’s report incurred by the Customer may be reimbursed by Warm-on.fr upon presentation of the corresponding invoice.
10.4. Definition and Use of Products
Photographs and illustrations accompanying the Products’ description on the website have no contractual value and may not engage the responsibility of Warm-on.fr.
Products sold on Warm-on.fr website comply with the applicable regulations. The Customer is solely responsible for the choice of Products, the Products’ conservation and use. Total or partial impossibility of use of the Product for reasons of, in particular, but not limited to, incompatibility of the equipment, shall not give rise to any compensation, or otherwise engage liability of Warm-on.fr, except in the case of a proven defect as provided in this Article 9 herein.
The Customer assumes full responsibility for installation of the Product purchased on Warm-on.fr and agrees to trust installation to a qualified professional. Warm-on.fr shall not be held liable for any incident resulting from the installation of the Product sold to the Customer. The Warm-on.fr site declines any and all liability for the misuse of the Products.
ARTICLE 11 – INTELLECTUAL PROPERTY
Warm-on.fr website and the elements composing it are protected by intellectual property law in the territory of the European Union and Switzerland. Any reproduction thereof is strictly prohibited without prior express authorization, with the exception of strictly private use. The trademarks used on Warm-on.fr website are the subject to international registration.
ARTICLE 12 – FORCE MAJEURE
12.1 The Parties shall be released from responsibility for partial or complete non-performance of their respective obligations under these General terms and Conditions of Sale and under the relevant Purchase Order if such non-performance is caused by an impediment beyond the relevant party’s reasonable control, where it has not assumed the risk of the occurrence of the impediment and shall have exercised ordinary care in taking the impediment into account at the time of the validation of the Purchase order or in avoiding or overcoming it or its consequences (“Force Majeure”), including: war, sabotage, terrorism, insurrection, riots or any other acts of civil disobedience, act or demand of any person exercising governmental authority, court order, strike, boycott, epidemics, fire, explosion, flood, storm, earthquake or other act of God or public enemy and other circumstances beyond such party’s reasonable control. In particular, Warm-on.fr shall not be held responsible for the non-execution of the Purchase Order a total or in part, in the event of strikes of postal services, carriers, and natural disasters caused by floods, fires or other natural calamities.
12.2 Each Party agrees to:
i. notify the other party as soon as possible of any occurrence of a Force Majeure event;
ii. document such occurrence of a Force Majeure event within a reasonable period of time; and
iii. resume full performance of its obligations under the Purchase Order as expeditiously as possible on cessation of any Force Majeure.
12.3 The parties shall be released from any obligation to pay damages, including damages for delays in performance of their obligations, caused by any occurrence of a Force Majeure event.
12.4 If the circumstances arising from acts of Force Majeure last or are reasonably expected to last for a period of more than six (6) months, either party has the right to cancel the Purchase
Order by notification within a reasonable period to the other Party.
ARTICLE 13 – PERSONAL DATA PROTECTION
13.1 Warm-on.fr website has been developed under Shopware.
13.2 By virtue of the Swiss Federal Data Protection Act (LDP) and the General Regulation of the European Parliament and of the Council on Data Protection (RGPD), the personal data collected from the Customer is used exclusively for processing of Purchase Orders and is intended for strictly internal use of the Seller. The Customer is informed of the purpose of processing the personal data during the validation of the Order. Personal data collected from the Customer may nevertheless be transmitted to third parties, notably to partners of the Seller, but only for the purpose of processing and executing the relevant Purchase Orders (i.e. shipping, customer service, etc.). Personal data is stored on a secured server belonging to and managed by Warm-on.fr for a maximum duration of 2 years from the date of validation of the Purchase Order. Except with the express consent of the Customer, Warm-on.fr does not reuse personal data subsequently and/or for a different purpose. The Customer is entitled to access, modify, request rectification of and oppose treatment of personal data concerning the Customer, as provided for by the law and the regulations in force. Relevant requests may be sent by e-mail: firstname.lastname@example.org.
ARTICLE 14 – APPLICABLE LAW AND DISPUTE RESOLUTION
14.1 These General Terms and Conditions of Sale and the Purchase Orders made hereunder shall be governed by and construed in accordance with material provisions of Swiss Law, excluding the CISG.
14.2 All disputes arising out of, relating to or in connection with these General Terms and Conditions of Sale and the Purchase Orders made hereunder shall be submitted to Tribunal d’arrondissement of Lausanne, Switzerland.
ARTICLE 15 – REGISTERED ADDRESS – LEGAL NOTICES
Registered address : Warm-on.fr / GammaSwiss SA, y-Park - Rue Galilée 6, 1400 Yverdon-les-Bains, Suisse |
e-mail: email@example.com | Tel: +33 0800 992 980 (toll free number)
Commercial Registration /Incorporation : CH-5220.127.116.11-5 | VAT : FR60853064673