General Terms and Conditions of Sale
1. PURPOSE AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter the “General Terms and Conditions of Sale”) govern all sales of equipment, products and/or services offered by HOM’Y (hereinafter referred to as the “Seller”).
The term “Customer” or “Buyer” refers to any individual or legal entity placing an order with HOM’Y. By placing an order, the Buyer acknowledges and unreservedly accepts these General Terms and Conditions of Sale, which automatically apply to every transaction, unless otherwise specifically agreed in advance and in writing between HOM’Y and the Buyer.
The Buyer declares that they have read these General Terms and Conditions of Sale and accept them in their entirety. These General Terms and Conditions of Sale take precedence over any other document issued by the Buyer, including their own general terms and conditions of purchase, unless otherwise expressly agreed in writing.
HOM’Y reserves the right to modify these General Terms and Conditions of Sale at any time. Any modification will be brought to the Buyer’s attention by any appropriate means, and the Buyer will be deemed to have accepted the version in force at the time of the order. Any document other than these General Terms and Conditions of Sale - including catalogues, brochures, advertisements or instructions - is provided for information purposes only and has no binding value.
2. INTELLECTUAL PROPERTY
All technical documents provided to the Buyer remain the exclusive property of HOM’Y, which alone holds the associated intellectual property rights. These documents must be returned immediately upon request by HOM’Y.
The Buyer undertakes not to use these documents in any way that could infringe the intellectual or industrial property rights of HOM’Y. They expressly undertake not to reproduce, distribute, transmit or disclose them to third parties, in any form whatsoever, without the prior express written consent of HOM’Y.
3. ORDER
Procedure
The Customer selects the Product or Products they wish to purchase on the website https://bestherm.fr/ by clicking the “Add to cart” button. Once their cart is complete, they are invited to click “Place order” to initiate the validation process.
On the order page, the Customer must enter their personal information: surname, first name, postal address, telephone number and email address. This data will be used to process and track the order.
Once this information has been entered, the Customer clicks “Continue to shipping”. They then enter their payment details and billing address, which will be used for the order.
After completing these steps, the Customer clicks “Review order” to view all the information entered. They are then invited to confirm their order and accept the General Terms and Conditions of Sale.
The Customer guarantees the accuracy, completeness, and currency of the information provided. The Seller cannot be held liable for any delay or inability to deliver in the event of inaccurate, incomplete, erroneous, or fraudulent data.
The order is definitively confirmed when the Customer clicks “Place order”.
Product offers are valid as long as they are visible on the site, subject to availability. The sale is deemed concluded only after full payment of the price.
The Customer is responsible for checking the accuracy of their order and immediately reporting any errors.
Any order placed on the site https://bestherm.fr/ constitutes a distance contract concluded between the Customer and the Seller.
The Seller reserves the right to refuse or cancel any order in the event of an existing dispute with the Customer, particularly in the case of a previous unpaid amount.
The Customer can track the status of their order directly from their personal account on the site.
Secure online payment
The payment process is handled by our secure payment provider, Shopify Payments.
The Customer shall pay the total amount of their order in a single payment, made by bank card or via PayPal.
Payment data is processed directly by Shopify Payments and is under no circumstances disclosed to HOM’Y.
Payment acceptance by the bank
Once the payment has been approved by the bank, the Customer will receive a confirmation email from Shopify Payments, as well as an order summary email sent by HOM’Y.
The order will be considered firm and final only upon the Seller’s sending of this confirmation email.
The HOM’Y teams will then begin processing the order. The Customer can track the progress of each stage of the process in their personal account, through to delivery.
4. PRICES
The Products are offered at the prices currently displayed on the site https://bestherm.fr/ when the Seller records the order.
The prices are expressed in euros, excluding taxes (excl. tax) and including all taxes (incl. tax). Where applicable, they include any discounts granted by the Seller and mentioned on the site https://bestherm.fr/.
These prices are firm and non-revisable during their validity period. Outside this period, the Seller reserves the right to modify them at any time without prior notice.
The prices indicated do not include processing, shipping, transport, or delivery costs, which may, where applicable, be billed additionally. These costs are clearly specified on the site and communicated to the Customer before final validation of their order.
The total amount invoiced to the Customer includes all costs related to the order, including any additional fees.
5. PAYMENT TERMS
The price is paid securely by bank card or via PayPal.
The total order amount is due and payable in full by the Customer when the order is placed.
Payment details are transmitted in encrypted form, in accordance with the secure protocol implemented by the approved payment service provider handling transactions carried out on the site https://bestherm.fr/.
Payments made by the Customer will be considered final only after the Seller has effectively received the amounts due.
The Seller reserves the right not to deliver the Products ordered until full payment has been received under the conditions defined above.
6. DELIVERY
Once the order has been placed, the Seller has 48 business hours to prepare and ship the product(s).
Deliveries are made as quickly as possible, within 3 to 5 business days from the shipping date.
Deliveries are made by an independent carrier to the address provided by the Customer, which must be accessible to the carrier.
Delivery corresponds to the transfer of physical possession of the Products to the Customer. Each Product is shipped in a separate parcel; consequently, the carrier may make several separate deliveries, even if the Products were ordered simultaneously.
The Seller undertakes to use its best efforts to meet the stated delivery times, which are provided for information purposes only.
If the Products are not delivered within thirty business days of the conclusion of the contract, except in cases of force majeure or an event attributable to the Customer, the Customer may request termination of the sale in accordance with Articles L.216-1, L.216-8 and L.241-4 of the French Consumer Code. In this case, the amounts paid will be refunded to the Customer within a maximum of fourteen days from notification of termination of the contract, without any other compensation or deduction.
The Customer must check the condition of the Products upon delivery. Any reservation concerning apparent anomalies (damaged or missing product, damaged packaging, opened parcel, etc.) must be stated clearly, precisely and completely on the delivery note, in the presence of the carrier. The Customer is advised to check the contents of the parcel in the presence of the delivery driver.
In the event of damage or incompleteness, the Customer may refuse delivery. If they choose to accept it, they must:
- Make written and detailed reservations on the delivery note;
- Take photographs of the damage observed;
- Contact the HOM’Y after-sales service using the contact form or by e-mail at service.clients@hom-y.fr within 48 hours after physically taking possession of the Product.
In the absence of reservations made under the aforementioned conditions, the Products will be deemed compliant and free from any apparent defect, and no claim may be accepted by HOM'Y for damage or missing Products.
In the event of duly established lack of conformity or apparent or hidden defects, the Seller undertakes, upon return of the Products concerned, to refund or replace them as soon as possible and at its expense, in accordance with Articles L.217-4 et seq. of the French Consumer Code and these General Terms and Conditions of Sale.
The transfer of risks related to the loss of or damage to the Products takes place when the Customer physically takes possession of the Products. The Products therefore travel at the Seller's risk until they are handed over to the Customer.
In the event of a dispute concerning delivery, the Customer must provide a sworn statement of non-receipt, together with a copy of their identity card, to be sent electronically to the Seller.
These documents will then be sent to the carrier so that the necessary investigations can be carried out.
7. DELIVERY ERRORS
The Customer must check the condition of the Products upon delivery. Any claim concerning a delivery error or a lack of conformity of the Products, whether relating to their nature or quality compared with the information stated on the order form, must be sent to the Seller on the day of delivery or, at the latest, on the first working day following delivery.
For delivery to a pickup point, this period begins when the Customer physically takes possession of the Product.
Claims must be submitted via the website's contact form or by e-mail to the following address: service.clients@hom-y.fr.
Any claim not submitted in accordance with these procedures and within the prescribed time limits will not be considered and will release the Seller from any liability toward the Customer.
A Product may only be exchanged after the Customer has received a confirmation e-mail from the Seller.
In the event of a delivery error, the Product concerned must be returned in full, in its original packaging, together with the prepaid return label, which will be sent to the Customer by e-mail.
The Customer agrees to drop off the package or packages at a post office and send the delivery proof or proofs to the Seller.
Return shipping costs related to a delivery error will be fully covered by the Seller.
8. RIGHT OF WITHDRAWAL
In accordance with the provisions of Article L.221-18 of the French Consumer Code, “The consumer has fourteen days to exercise their right of withdrawal from a distance contract, following telephone solicitation or concluded off-premises, without having to justify their decision or bear any costs other than those provided for in Articles L.221-23 to L.221-25.”
This fourteen-day period begins when the Customer physically takes possession of the goods.
The right of withdrawal may be exercised online via the contact form or by email at the address service.clients@hom-y.fr, or by any other clear and unequivocal statement expressing the wish to withdraw, in particular by post addressed to the Seller using the contact details provided in ARTICLE 1 of these General Terms and Conditions of Sale.
Products must be returned in their original condition, complete (packaging, accessories, instructions, etc.) and in a condition allowing them to be resold as new, accompanied by the purchase invoice.
Damaged, soiled or incomplete Products, or Products returned in packaging different from the original, will not be accepted.
Return costs are borne exclusively by the Customer, except in the event of product non-conformity or an error attributable to the Seller. Outside these situations, costs incurred for returning the products cannot be reimbursed.
The refund will be issued within fourteen days of the Seller receiving and inspecting the returned Products, provided that they meet the conditions mentioned above.
Once the Seller has sent the Customer written authorization to return the product(s), they must be returned to the following address: DOMETRANS - 40 ROUTE D’ENNETIERES - 59175 TEMPLEMARS
Products cannot be returned directly to our warehouse. Returns must be made by post.
TAKE-BACK OF USED EQUIPMENT - “1-FOR-1” SCHEME
In accordance with the provisions of the French Environmental Code, and in particular Articles L.541-10 et seq. relating to waste electrical and electronic equipment (WEEE), HOM’Y has implemented a so-called “1-for-1” take-back scheme.
In this context, the Customer may benefit from the free take-back of used equipment when purchasing an equivalent new product. The conditions for application are as follows:
- The equipment taken back must be equivalent in nature, size and function to the product purchased
- The Customer must be able to provide proof of purchase
- The Customer must contact customer service to arrange the take-back and obtain the logistical details.
- The take-back is carried out free of charge for the Customer, in accordance with the regulations in force.
The return is arranged in one of the following ways:
- Drop-off at a partner collection point (carrier) communicated by HOM’Y.
- Return using a prepaid label provided by HOM’Y, enabling shipment through the La Poste network.
9. WARRANTY
The Products supplied by the Seller benefit from:
- The statutory warranty of conformity for defective Products,
- The statutory warranty against hidden defects arising from a material, design or manufacturing defect affecting the products delivered and making them unfit for use
Provisions relating to statutory warranties
To exercise their rights, the Customer must inform the Seller in writing (by email or post) of the non-conformity of the Products or the existence of hidden defects as soon as they are discovered.
The Products are currently covered by a 24-month warranty against any operating defect resulting from a material, design or manufacturing defect, starting from the date of delivery of the Products.
Under this warranty, the Seller's sole obligation shall be to replace or repair, free of charge, the Product or part recognised as defective by its services.
To benefit from this warranty, the after-sales service procedure must be strictly followed. In particular, any return arranged by the Customer without the Seller's prior consent will not be accepted.
The warranty does not cover apparent defects (refer to Article 7. Delivery errors) reported at the time of purchase. The warranty also excludes defects and deterioration resulting from normal wear and tear, improper storage, non-compliant use, an external accident (incorrect assembly, incorrect commissioning or installation, defective maintenance, abnormal use), as well as any modification of the Product not specifically provided for or authorised by HOM’Y at the time of ordering.
Furthermore, Products sold as "second choice", with an apparent defect known to and accepted by the customer at the time of sale, shall not be eligible for any claim or request for return or repair relating to that defect.
Furthermore, if the products have been opened or modified by the Customer or by an unauthorised third party, the warranty shall immediately become void.
In these cases, all costs relating to replacement, repair and transport shall remain the sole responsibility of the Customer.
The Seller shall not be held liable in the following cases:
- In the event of non-compliance with the legislation of the country to which the products are delivered, which the Customer is responsible for checking,
- In the event of improper use, negligence or lack of maintenance by the Customer, as well as normal wear and tear of the Product, an accident or force majeure.
- The photographs and graphics presented on the website are not contractual and shall not render the Seller liable.
The Seller's warranty is in any event limited to replacing or refunding Products that do not conform or are affected by a defect.
Provisions relating to the contractual warranty
Products purchased on the website https://bestherm.fr/ may benefit, in addition to the statutory warranties of conformity and against hidden defects, from a contractual warranty as indicated, where applicable, in the description of a given Product, under the following terms, conditions and rates:
- All our products are covered by a 2-year warranty from the date of purchase.
- This warranty is extended to 3 years for products in the Plug&Play range and for towel warmers with a remote control.
- The warranty covers breakdowns and malfunctions of the appliance when used in accordance with the product's intended purpose and the information in the user manual.
- To benefit from the warranty, the Customer must provide proof of purchase (invoice, order number or invoice number) enabling the Seller to verify that the Product is still covered by the contractual warranty.
- The warranty does not cover damage resulting from normal wear and tear, lack of maintenance, negligence, faulty installation, or improper use (impact, failure to comply with electrical power recommendations, improper storage, operating conditions, etc.).
- The harmful consequences resulting from the use of non-original or unsuitable accessories or spare parts, or from dismantling or modifying the appliance, are also excluded from the warranty.
10. APPLICABLE LAW - LANGUAGE
These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
However, in accordance with Article 6 of Regulation (EC) No. 593/2008 of June 17, 2008 ("Rome I"), this provision does not deprive consumers residing in another State of the more protective mandatory provisions available to them under the law of their country of habitual residence.
These General Terms and Conditions of Sale are drafted in French. Translations may be provided for information purposes to facilitate understanding. In the event of any discrepancy in interpretation between a translated version and the French version, the latter shall prevail, without this depriving consumers of the mandatory rights granted to them by the legislation of their country of habitual residence.
11. DISPUTES
For any complaint, please contact Customer Service at the Seller's postal address, via the contact form or by email at service.clients@hom-y.fr.