Clause 1: Object
The general conditions of sale described below detail the rights and obligations of the company Towelmed France and its client in connection with the sale of the following goods: bath linen, Turkish towels, fabrics.
The GTC apply without reserve or restriction, to all sales concluded by Towelmed France, products appearing in its catalog of products (hereinafter the "Products").
Any service performed by the company Towelmed France therefore implies the unreserved acceptance of the buyer to the present general conditions of sale, whatever the clauses that may appear on the documents of the Customers, and in particular their general conditions of purchase, except derogation written and express from Towelmed France.
Clause 2: Price
The prices of the goods sold are those in force on the day of ordering. They are denominated in euros and calculated without taxes. As a result, they will be increased by the VAT rate and the transport costs applicable on the day of the order.
Prices do not include transport, any customs fees and insurance that are the responsibility of the Customer.
The company Towelmed France grants the right to modify its rates at any time. However, it undertakes to invoice the goods ordered at the prices indicated when the order is registered.
Clause 3: Order
The minimum order amount excluding costs is 150 € HT.
Product orders are placed by Customers at Towelmed France:
• on the website: www.towelmed.com
• by e-mail: info(@)towelmed.com
• by mail to: Towelmed France - 3 rue Escouvrier 95200 Sarcelles - France
• by telephone: +33 (0) 7 83 68 28 53 Monday to Friday from 9h to 19h and Saturday from 10h00 to 17h00.
Towelmed France can not be held responsible for any difficulty accessing its website, any disruption or interruption during or after the connection to its website and any consequences related to the use of its website.
Textile articles made to measure and / or personalized, are not returned or exchanged.
Clause 4: Availability
Product offers are subject to availability, but if it becomes unavailable one or more products after placing the order, the customer will be informed by phone, e-mail or mail after verification stocks by Towelmed France in a week.
Clause 5: Order validation
To place an order on the Website, the customer must click on the product (s) desired (s) and choose the desired quantity then click on "Add to cart", the customer is considered to have placed the order as soon as he has accepted the present GSC by validating his order. The customer declares and expressly acknowledges having read the full terms and conditions of sale and accept them without reservation by clicking on the "order" button after having unrolled and validated the various stages of the order. The information of all the mandatory fields is one of the conditions of registration and validation of the order. The validation of the order implies the acceptance of all these GTCS and constitutes proof of the sales contract. Towelmed France can not be held responsible for any difficulty accessing its website, any disruption or interruption during or after the connection on its website and any consequences related to the use of its website.
For orders made by e-mail or by post, the order is materialized by the transmission of the purchase order to Towelmed France, which implies full and unreserved acceptance of these Terms and Conditions.
For orders placed by phone, the order is placed orally by the Customer, who confirms his knowledge and acceptance of these Terms and conditions and any special conditions agreed. The client also undertakes to provide accurate, truthful and complete information concerning all the questions put to him. The placing of the order implies the acceptance of all these GSC by the customer.
Sales are perfect only after the customer has expressly accepted the order from Towelmed France, who will ensure in particular the availability of the requested products and, if necessary, after payment by the customer of the full price. It is the customer's responsibility to check the accuracy of the order and immediately report any errors to Towelmed France.
Any changes requested by the Customer after confirmation of the order, can only be taken into account in the event of an express notification to Towelmed France, within the limit of the possibilities of Towelmed France, in its sole discretion and after possible adjustment of the price. In addition, Towelmed France reserves the right to refuse all orders from customers with whom there are disputes, or anomalies concerning the details of said customer.
Unless proved otherwise, the data recorded electronically by Towelmed France constitute the proof of the transactions made with the customers. In addition, in accordance with the provisions of article 1127-1 of the Civil Code, the GSCs may be kept by any person visiting the website, by means of a computer record and may be reproduced by means of their printing.
Unless proven otherwise, the data recorded electronically by Towelmed France constitute the proof of all transactions between Towelmed France on its website www.towelmed.com and its customers.
Clause 6: Discounts and rebates
The proposed rates are those on the online catalog and in effect at the time of placing the order, they are firm and are not revisable, since they are established on the basis of bulk purchases.
Clause 7: Discount
No discount will be granted in case of advance payment.
Clause 8: Terms of payment
Orders are settled net and without discount:
• by credit card;
• by bank transfer;
• by Paypal (in case of order on the website).
When the order is registered, the buyer must pay the entire amount and the payment will be considered final only after actual receipt by Towelmed France of the sums due.
Clause 9: Late payment
By express agreement, late payment or failure to pay by the due date will result in the immediate payment of all sums due, regardless of the method of settlement provided. Towelmed France also reserves the right to suspend or cancel the delivery of the client's current orders, in the event of non-compliance with payment terms.
In the event of total or partial non-payment of goods delivered on the day of receipt, the buyer must pay Towelmed France a late payment penalty of 10% of the sums due.
This penalty is calculated on the amount inclusive of the sum remaining due, and runs from the date of expiry of the price without any prior notice being required.
In addition to the late payment, any sum, including the down payment, not paid on its due date will automatically result in the payment of a lump sum of 40 euros due for recovery costs.
Articles 441-6, I paragraph 12 and D. 441-5 of the French Commercial Code.
Clause 10: Clause resolutory
If within fifteen days after the implementation of the clause "late payment", the buyer has not paid the remaining amounts due, the sale will be resolved by right and may entitle to the allocation of damages for the benefit of Towelmed France.
Clause 11: Retention of title clause
The company Towelmed France retains ownership of the goods sold until full payment of the price, in principal and accessories. As such, if the buyer is the subject of a reorganization or liquidation, the company Towelmed France reserves the right to claim, as part of the collective procedure, goods sold and remained unpaid.
Clause 12: Delivery
Delivery is made:
• by the direct delivery of the goods to the buyer;
• by sending a notice of provision in store to the attention of the buyer;
• at the place indicated by the buyer on the order form.
The delivery time indicated during the registration of the order is given for information only and is not guaranteed.
Consequently, any reasonable delay in the delivery of the products can not give rise to the benefit of the buyer to:
• the award of damages;
• the cancellation of the order.
The risk of transport is borne entirely by the buyer.
In case of missing or damaged goods during the transport, the buyer will have to formulate all the necessary reserves on the order form upon receipt of said goods upon delivery. The goods must be unpacked in the presence of the carrier. This is mandatory if a fault is found (the formula 'subject to unpacking' is not sufficient). In the case of damage or damage: mention the damage or damage on the carrier's bill and send within 48 hours to the carrier a registered letter with acknowledgment of receipt to confirm the damage or damage found (Article 133-3 Code of Commerce). It will also be necessary to send us a copy of this letter. These reservations must be further confirmed in writing within three days (not including holidays), following delivery, by registered mail AR.
All claims that do not respect this formalism will not be taken into account.
Clause 13: Intra-Community supply
On imperative and prior receipt and after verification of the intra-community VAT number, a tax-free invoice (H.T.) will be sent to the taxable person corresponding to the invoiced products.
Clause 14: Force majeure
The responsibility of Towelmed France can not be implemented if the non-performance or delay in the performance of one of its obligations described in these general conditions of sale arises from a case of force majeure. As such, force majeure means any external event, unforeseeable and irresistible within the meaning of article 1148 of the Civil Code.
In these cases, Towelmed France may either postpone delivery or cancel orders. The customer will be informed of the difficulties encountered and the fate of orders. The same circumstances authorize Towelmed France to change the nature and number of products offered or ordered. Towelmed France informs the customer beforehand and proposes a replacement product (s). The customer is free to accept or refuse the substitution but can not in any case claim compensation or damages.
Clause 15: Warranties
Towelmed France offers the legal guarantee against hidden defects (article 1625 and following of the Civil Code). The abnormal and / or unpredictable use of the products by the customer as well as improper use and / or poor conservation and / or poor maintenance prevent (s) the implementation of the guarantee.
In any event and even assuming liability, Towelmed France would be held responsible for any other repairs than the supply of new compliant and non-defective products within the limit of the cost of the initial supply of the products concerned, excluding compensation for all other damages, including those resulting from business troubles or losses.
Free replacement is subject to the return of defective products, and only products returned in their original condition may be covered by the warranty.
The replacement of the defective product is subject to the acceptance of the said product by the wholesaler or the manufacturer who is the only one able to judge the cause, the failure of the product.
The customer has 14 working days to request the exchange of a product (s) defective, considered a breakdown on unpacking, from the date of receipt of his order, to formulate in writing, by email or by registered mail, signed and dated.
Clause 16: Return
According to Article L. 121-21 of the Consumer Code, a period of fourteen days is granted to the customer to exercise his right of withdrawal, from the receipt of the product (s).
The customer will have 14 days to return the products at his expense and by his own means, in original condition and in their original packaging.
The customer must formulate in writing, by email or by registered mail, signed and dated, his request for return within this period of 14 days.
Any accepted return will result in a refund, exchange or credit according to the customer's choice after qualitative verification of returned products. Any product that has been damaged or used will not give rise to any refund. Shipping costs are the responsibility of the buyer except in case of error by Towelmed France.
In case of refund, Towelmed France will refund within one month, after having verified and validated the return.
Exceptionally, personalized or customized products and fabrics by the meter can not benefit from the right of return.
Clause 17: Intellectual property rights
The customer has no intellectual property rights over the products sold, their packaging, advertising or presentation documents and distinctive signs.
Clause 18: Competent court
Any dispute relating to the interpretation and execution of these general conditions of sale is subject to French law.
In the absence of amicable resolution, the dispute will be brought before the Commercial Court of Pontoise.