General Terms and Conditions of Sale
1. PURPOSE AND SCOPE
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 a specific prior written agreement has been made 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 purchasing conditions, unless otherwise expressly agreed in writing.
HOM’Y reserves the right to amend these General Terms and Conditions of Sale at any time. Any amendment 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 catalogs, brochures, advertisements, or manuals—is provided for informational and indicative purposes only.
2. INTELLECTUAL PROPERTY
All technical documents provided to the Buyer remain the exclusive property of HOM’Y, the sole holder of the associated intellectual property rights. These documents must be returned immediately upon the first request from 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 agree not to reproduce, distribute, transmit, or disclose them to third parties, in any form whatsoever, without the prior, express, and written consent of HOM’Y.
3. ORDER
Procedure
The Customer selects the Product(s) 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 begin the checkout process.
On the order page, the Customer must enter their personal information: last name, 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 a delay or inability to deliver in the event of inaccurate, incomplete, erroneous, or fraudulent information.
The order is definitively confirmed when the Customer clicks “Place order”.
Product offers are valid as long as they are visible on the website, subject to availability. The sale is deemed concluded only after the price has been paid in full.
The Customer is responsible for checking the accuracy of their order and immediately reporting any error.
Any order placed on the website 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 event of a previous unpaid amount.
The Customer can track the status of their order directly from their personal account on the website.
Secure online payment
The payment process is handled by our secure service provider Shopify Payments.
The Customer pays 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 shared with HOM’Y.
Payment acceptance by the bank
Once the payment has been approved by the banking institution, 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 once the Seller has sent 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 in effect as displayed on the website https://bestherm.fr/ at the time the Seller records the order.
The prices are stated 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 website 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 shown do not include processing, shipping, transport, or delivery costs, which may, where applicable, be subject to additional charges. These costs are clearly specified on the website and communicated to the Customer before final validation of the 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 data is transmitted in encrypted form, in accordance with the secure protocol implemented by the approved payment service provider handling transactions carried out on the website 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 soon 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 at the same time.
The Seller undertakes to use its best efforts to meet the stated deadlines, 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 cancellation 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 the date the contract is terminated, without any further compensation or deduction.
The Customer must check the condition of the Products upon delivery. Any reservation concerning apparent defects (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 person.
In the event of damage or missing items, the Customer may refuse delivery. If the Customer chooses to accept it, they must imperatively:
- Provide 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 email 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 own 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 relating to the loss of or damage to the Products occurs 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 provided to the carrier so that the necessary investigations can be conducted.
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 business 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 email to the following address: service.clients@hom-y.fr
Any claim not submitted in accordance with these procedures and within the applicable deadlines 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 email 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 email.
The Customer undertakes to drop off the parcel(s) at a post office and send the Seller the proof(s) of delivery.
The return costs resulting from 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 on the date 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 sent to the Seller at the contact details stated in ARTICLE 1 of these General Terms and Conditions of Sale.
The Products must be returned in their original condition, complete (packaging, accessories, instructions, etc.) and in a condition that allows them to be resold as new, accompanied by the purchase invoice.
Damaged, dirty, incomplete Products, or Products returned in packaging other than the original packaging, will not be accepted.
Return shipping costs are borne exclusively by the Customer, except in the event that the product is non-conforming or the error is attributable to the Seller. Outside these situations, any 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 — “ONE-FOR-ONE” 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 “one-for-one” take-back scheme.
In this context, the Customer may benefit from the free collection of used equipment when purchasing an equivalent new product. The applicable conditions are as follows:
- The collected equipment must be equivalent in nature, size, and function to the purchased product
- The Customer must be able to provide proof of purchase
- The Customer must contact customer service to arrange the collection and obtain the logistical details.
- The collection is carried out free of charge for the Customer, in accordance with the regulations in force.
The return is organized according to one of the following methods:
- Drop-off at a partner collection point (carrier) communicated by HOM’Y.
- Return via a prepaid label provided by HOM’Y, allowing shipment through the La Poste network.
9. WARRANTY
The Products supplied by the Seller benefit from:
- The legal warranty of conformity for defective Products,
- The legal warranty against hidden defects resulting from a defect in materials, design, or manufacture affecting the delivered products and rendering them unfit for use
Provisions relating to legal warranties
To exercise their rights, the Customer must inform the Seller in writing (by email or letter) of the non-conformity of the Products or the existence of hidden defects upon discovering them.
The Products are currently covered by a 24-month warranty against any operational defect resulting from a defect in materials, design, or manufacture, 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 recognized as defective by its services.
To benefit from this warranty, the after-sales service (SAV) procedure must be strictly followed. In particular, any return arranged by the Customer without the Seller's prior approval will not be accepted.
The warranty does not cover apparent defects (see Article 7. Delivery Errors) reported at the time of purchase. The warranty also excludes defects and damage resulting from normal wear and tear, improper storage, non-compliant use, an external accident (incorrect assembly, commissioning or installation, improper maintenance, abnormal use), as well as any modification to the Product not specifically provided for or authorized by HOM’Y at the time of ordering.
Furthermore, Products sold as "second choice", presenting an apparent defect known 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 said defect.
Furthermore, if the products have been opened or modified by the Customer or by an unauthorized third party, the warranty shall immediately become void.
In such cases, all costs related to replacement, repair, and transportation shall be borne exclusively by 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 verifying,
- In the event of misuse, negligence, or lack of maintenance on the part of 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 incur the Seller’s liability.
In any event, the Seller’s warranty is 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, according to the following terms, conditions, and prices:
- All our products come with a 2-year warranty from the date of purchase.
- This warranty is extended to 3 years for products in the ‘Plug&Play’ range, as well as 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, incorrect installation, or improper use (impact, failure to comply with electrical power supply recommendations, unsuitable storage, operating conditions, etc.).
- The adverse effects 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 (GTCS) and the transactions arising from them are governed by French law.
However, in accordance with Article 6 of Regulation (EC) No. 593/2008 of 17 June 2008 (“Rome I”), this provision does not deprive consumers residing in another Member State of the more protective mandatory provisions from which they benefit 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