General Terms and Conditions of Sale

1. PURPOSE AND SCOPE

These General Terms and Conditions of Sale (hereinafter the "Terms and Conditions") govern all sales of equipment, products, and/or services offered by the company 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 unconditional acceptance of these Terms and Conditions, which apply by default to every transaction, unless a specific prior written agreement exists between HOM’Y and the Buyer.

The Buyer declares that they have read these Terms and Conditions and accept them in full. The Terms and Conditions prevail 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 modify these Terms and Conditions of Sale at any time. Any changes will be communicated to the Buyer by any appropriate means, and the Buyer will be deemed to have accepted the version in effect at the time of the order. Any document other than these Terms and Conditions – including catalogs, brochures, advertisements, or manuals – is purely informative and indicative.

2. INTELLECTUAL PROPERTY

All technical documents provided to the Buyer remain the exclusive property of the company HOM’Y, the sole holder of the associated intellectual property rights. These documents must be returned immediately upon request by HOM’Y.

The Buyer agrees not to use these documents in any way that could infringe on 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 the company HOM’Y.

3. ORDER

Procedure

The Customer selects the Product(s) they wish to purchase on the Bestherm.fr website by clicking the "Add to cart" button. Once their cart is complete, they are invited to click on "Place order" to initiate the validation process.

On the order page, the Customer must provide their personal information: last name, first name, postal address, phone number, and email address. This data will be used for processing and tracking the order.

Once this information is entered, the Customer clicks on "Continue to shipping." They then proceed to enter their payment information as well as the billing address, which will be used for the order.

After completing these steps, the Customer clicks on “Review Order” to review all entered information. They are then invited to validate 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 responsible for any delay or inability to deliver in case of inaccurate, incomplete, erroneous, or fraudulent data.

The order is definitively confirmed when the Customer clicks on “Place Order.”

Product offers are valid as long as they are visible on the site, within the limits of available stock. The sale is deemed concluded only after full payment of the price.

It is the Customer’s responsibility to verify the accuracy of their order and to immediately report any errors. 

Any order placed on the Bestherm.fr website constitutes a distance contract concluded between the Customer and the Seller.

The Seller reserves the right to refuse or cancel any order in case of an existing dispute with the Customer, notably in case of previous unpaid amounts. 

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 provider Shopify Payments.

The Customer pays the total amount of their order in a single payment, made by credit card or via PayPal.

Payment data is processed directly by Shopify Payments and is never communicated to HOM’Y.

Payment acceptance by the bank

Once the payment is validated by the banking institution, the Customer will receive a confirmation email issued by Shopify Payments, as well as an order summary email sent by HOM’Y.

The order will only be considered firm and final upon sending this confirmation email by the Seller.

The HOM’Y teams will then begin processing the order. The Customer can track the progress of each step of the process in their personal account, up to delivery.

4. PRICES 

Products are offered at the current prices displayed on the Bestherm.fr website at the time the order is recorded by the Seller.

Prices are expressed in euros, excluding taxes (excl. VAT) and including all taxes (incl. VAT). They include, where applicable, any discounts granted by the Seller and mentioned on the Bestherm.fr website.

These prices are fixed and non-revisable during their validity period. Outside of this period, the Seller reserves the right to modify them at any time, without notice.

The prices indicated do not include processing, shipping, transport, and delivery fees, which may, if applicable, be charged additionally. These fees are clearly specified on the site and communicated to the Customer before the final confirmation of their order.

The total amount billed to the Customer includes all costs related to the order, including any additional fees.

5. PAYMENT TERMS

Payment is securely made by credit card or via PayPal.

The total order amount is due and payable in full by the Customer at the time the order is placed.

Payment data is transmitted in encrypted mode, in accordance with the secure protocol implemented by the authorized payment provider handling transactions on the Bestherm.fr website.

Payments made by the Customer will only be considered final after the Seller has effectively received the funds due.

The Seller reserves the right not to deliver the ordered Products until full payment has been received under the conditions defined above.

6. DELIVERY

Once the order is placed, the Seller has 48 working hours to prepare and ship the product(s).

Deliveries are made as quickly as possible, within 3 to 5 working days from the shipping date.

Deliveries are carried out by an independent carrier, to the address provided by the Customer, accessible to the carrier.

Delivery corresponds to the transfer of physical possession of the Products to the Customer. Each Product is packaged separately; therefore, the carrier may make several separate deliveries, even if the Products were ordered simultaneously.

The Seller commits to making every effort to meet the indicated deadlines, which are provided for information purposes only.

If the Products are not delivered within thirty working days from the conclusion of the contract, except in cases of force majeure or due to the Customer's fault, the Customer may request the cancellation of the sale in accordance with articles L.216-1, L.216-8, and L.241-4 of the Consumer Code. In this case, the amounts paid will be refunded to the Customer within a maximum of fourteen days from the contract termination, without any further compensation or deduction.

The Customer is required to check the condition of the Products upon delivery. Any complaints regarding apparent anomalies (damaged or missing product, damaged packaging, opened parcel, etc.) must be clearly, precisely, and fully stated on the delivery note, in the presence of the carrier. The Customer is encouraged to inspect the contents of the package in the presence of the delivery person.

In case of damage or incompleteness, the Client may refuse the delivery. If they choose to accept it, they must imperatively:

• Make written and detailed reservations on the delivery note;
• Take photographs of the observed damages;
• Contact 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.

If no reservations are made under the aforementioned conditions, the Products will be deemed compliant and free of any apparent defect, and no claim will be accepted by HOM'Y for damages or missing Products.

In case of defects in conformity or apparent or hidden defects duly noted, the Seller commits, upon return of the concerned Products, to refund or replace them as soon as possible and at their expense, in accordance with articles L.217-4 and following of the Consumer Code as well as these General Terms and Conditions of Sale.

The transfer of risks related to loss or damage of the Products occurs at the moment the Client physically takes possession of the Products. Therefore, the Products travel at the Seller’s risk until they are handed over to the Client.

In case of dispute regarding delivery, the Client must provide a sworn statement of non-receipt, accompanied by a copy of their identity card, to be sent electronically to the Seller.

These documents will then be forwarded to the carrier to conduct the necessary investigations.

7. DELIVERY ERRORS

The Client is required to check the condition of the Products upon delivery. Any claim regarding a delivery error or a defect in conformity of the Products, whether concerning the nature or quality compared to the details on the order form, must be addressed 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 starts from the moment the Client physically takes possession of the Product.

Claims must be made via the website contact form or by email to the following address: service.clients@hom-y.fr

Any claim not made according to these terms and within the specified time frame will not be considered and will release the Seller from any liability towards the Client.

The exchange of a Product can only take place after the Client has received a confirmation email from the Seller.

In case of delivery error, the concerned Product must be returned in full, in its original packaging, accompanied by the prepaid return slip which will be sent by email to the Customer.

The Customer agrees to drop off the package(s) at a post office and to provide the Seller with proof(s) of delivery.

Return shipping costs related to a delivery error will be fully borne by the Seller.

8. RIGHT OF WITHDRAWAL

In accordance with the provisions of article L.221-18 of the Consumer Code, "The consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded at a distance, following telephone solicitation or 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 starts from the physical possession of the goods by the Customer.

The right of withdrawal can be exercised online via the contact form or by email at service.clients@hom-y.fr, or by any other clear and unequivocal statement expressing the desire to withdraw, including by postal mail addressed to the Seller at the contact details mentioned in ARTICLE 1 of these General Terms and Conditions of Sale.

Products must be returned in their original condition, complete (packaging, accessories, manual, etc.) and in a condition allowing their resale as new, accompanied by the purchase invoice.

Damaged, soiled, incomplete Products or those returned in packaging different from the original will not be accepted.

Return shipping costs are the sole responsibility of the Customer, except in cases of product non-compliance or error attributable to the Seller. Outside of these situations, costs incurred for returning products will not be reimbursed.

Refunds will be made within fourteen days from the receipt and verification by the Seller of the returned Products, provided that they meet the conditions mentioned above.

Once the written return approval has been sent to the Customer by the Seller, the product(s) must be returned to the following address: DOMETRANS - 40 ROUTE D’ENNETIERES - 59175 TEMPLEMARS

It is not possible to return Products directly to our warehouse. Returns must be made by postal service only.

9. WARRANTY

The Products supplied by the Seller benefit from:

• Legal warranty of conformity, for defective Products,
• Legal warranty against hidden defects arising from a material, design, or manufacturing defect affecting the delivered products and rendering them unfit for use

Provisions relating to legal warranties

To assert their rights, the Customer must inform the Seller, in writing (email or letter), of the non-conformity of the Products or the existence of hidden defects from the moment they are discovered.

The Products are currently guaranteed against any operational defect resulting from a material, design, or manufacturing fault, for a period of 24 months from the date of delivery of the Products.

Under this warranty, the Seller’s sole obligation will be to proceed, free of charge, with the replacement or repair of the Product or the part recognized as defective by its services.

To benefit from this warranty, it is imperative that the after-sales service (SAV) procedure is strictly followed. In particular, any return organized by the Customer without prior agreement from the Seller will not be accepted.

The warranty does not cover apparent defects (refer to Article 7. Delivery Errors) reported at the time of purchase. Also excluded from the warranty are defects and damages resulting from normal wear and tear, improper storage, non-compliant use, external accidents (incorrect assembly, incorrect commissioning or installation, defective maintenance, abnormal use), as well as any modification of the Product not specifically planned or authorized by the company HOM’Y at the time of order.

Furthermore, Products sold as "second choice," presenting an apparent defect known and accepted by the customer at the time of sale, cannot be subject to any claim or request for return or repair related to said defect.

Furthermore, if the products have been opened or modified by the Customer or by an unauthorized third party, the warranty will become immediately void.

In these cases, all costs related to replacement, repair, and transport will remain the sole responsibility of the Customer.

The Seller’s liability cannot be engaged in the following cases:

• In case of non-compliance with the legislation of the country where the products are delivered, which the Customer is responsible for verifying,
• In case of misuse, negligence, or lack of maintenance by the Customer, as well as in cases of normal wear of the Product, accident, or force majeure.
• Photographs and graphics presented on the site are not contractual and do not engage the Seller’s liability.

The Seller’s warranty is, in any case, limited to the replacement or refund of non-compliant Products or those affected by a defect.

Provisions relating to the contractual warranty

Products purchased on the Bestherm.fr website may benefit, in addition to the legal guarantees of conformity and 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 benefit from 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 remote control.
• The warranty covers breakdowns and malfunctions of the device within the scope of use consistent 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) allowing the Seller to verify that the Product is still covered by the contractual warranty.
• The warranty clause does not cover damage resulting from normal wear and tear, lack of maintenance, negligence, faulty assembly, or improper use (impacts, failure to follow electrical supply recommendations, improper storage, usage conditions…).
• Also excluded from the warranty are harmful consequences due to the use of non-original or unsuitable accessories or spare parts, disassembly, or modification of the device.

10. APPLICABLE LAW - LANGUAGE

These GTC and the transactions arising from them are governed by and subject to French law.

11. DISPUTES

For any complaints, please contact Customer Service at the Seller's postal address indicated in ARTICLE 1 of these GTC, via the contact form or by email at service.clients@hom-y.fr