Terms of sale
1. PURPOSE AND SCOPE OF APPLICATION
These General Terms and Conditions of Sale (hereinafter referred to as the "GTC") govern all sales of equipment, products and/or services offered by the company HOM'Y (hereinafter referred to as "the Seller").
The term "Client" or "Buyer" refers to any individual or legal entity placing an order with HOM'Y. By placing an order, the Buyer acknowledges and accepts these GTC without reservation, which apply automatically to all transactions, unless otherwise specifically agreed in writing between HOM'Y and the Buyer.
The Buyer declares having read these GTC and accepts them in their entirety. These GTC prevail over any other document issued by the Buyer, including its own general terms and conditions of purchase, unless otherwise expressly agreed in writing.
HOM'Y reserves the right to modify these GTC at any time. Any modification will be brought to the Buyer's attention by 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 GTC — including catalogues, brochures, advertisements or notices — is provided for informational 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 HOM'Y's first request.
The Buyer agrees not to use these documents in any way that may infringe upon HOM'Y's intellectual or industrial property rights. The Buyer expressly agrees 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 Bestherm.fr website by clicking the "Add to basket" button. Once their basket is complete, they are prompted to click "Place order" to initiate the validation process.
On the order page, the Customer must provide their personal information: surname, first name, postal address, telephone number and email address. This data will be used for processing and tracking the order.
Once this information has been entered, the Customer clicks on "Continue to delivery". They then proceed to enter their payment information and billing address, which will be used for the order.
After completing these steps, the Customer clicks on "Review order" to check all the information entered. They are then prompted 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 shall not 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 on "Order".
Product offers are valid as long as they are visible on the website, subject to availability. The sale is considered final only after full payment of the price.
It is the Customer's responsibility to verify the accuracy of their order and to report any errors immediately.
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 the event of an existing dispute with the Customer, particularly in the event of prior non-payment.
The Customer can track the progress 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 or debit card or via PayPal.
Payment data is processed directly by Shopify Payments and is not, under any circumstances, communicated to HOM'Y.
Payment confirmed by the bank
Once payment has been validated by the bank, 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 the Seller sending this confirmation email.
The HOM'Y team will then begin processing the order. The Customer will be able to track the progress of each step, through to delivery, in their personal account.
4. PRICE
Products are offered at the prices in effect as displayed on the Bestherm.fr website at the time the order is registered by the Seller.
Prices are expressed in euros, exclusive of VAT (ex. VAT) and inclusive of VAT (inc. VAT). They include, where applicable, any discounts granted by the Seller and displayed on the Bestherm.fr website.
These prices are fixed and non-negotiable during their period of validity. Outside of this period, the Seller reserves the right to modify them at any time without prior notice.
The prices shown do not include handling, postage, transport and delivery charges, which may be subject to additional fees. These charges are clearly specified on the website and communicated to the Customer prior to final order confirmation.
The total amount charged to the Customer includes all costs related to the order, including any additional charges.
5. PAYMENT METHODS
Payment is made securely by credit or debit card or via PayPal.
The total amount of the order is due and payable in full by the Customer at the time of placing the order.
Payment data is transmitted in encrypted form, in accordance with the secure protocol implemented by the approved payment provider involved in transactions carried out on the Bestherm.fr website.
Payments made by the Customer will only be considered final after the Seller has effectively received the amounts due.
The Seller reserves the right not to dispatch 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 working hours to prepare and dispatch the product(s).
Deliveries are made as promptly as possible, within 3 to 5 working days from the date of dispatch.
Deliveries are carried out 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 packaged separately; consequently, the carrier may make several separate deliveries, even if the products were ordered simultaneously.
The Seller undertakes to make every effort to meet the indicated timeframes, which are provided for informational purposes only.
If the Products are not delivered within thirty working days of the conclusion of the contract, except in cases of force majeure or actions 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 sums paid will be refunded to the Customer within a maximum of fourteen days of the cancellation of the contract, without any further compensation or deductions.
The Customer is required to check the condition of the Products upon delivery. Any reservations regarding apparent anomalies (damaged or missing product, damaged packaging, open parcel, etc.) must be clearly, precisely and fully noted 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 incomplete delivery, the Customer may refuse delivery. If they choose to accept it, they must:
- Record written and detailed reservations on the delivery note
- Take photographs of the damage observed
- Contact HOM'Y customer service via the contact form or by email at service.clients@hom-y.fr within 48 hours of taking physical 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 defects, and no claim will be accepted by HOM'Y for damaged or missing Products.
In the event of non-conformity or apparent or hidden defects duly noted, the Seller undertakes, upon return of the Products concerned, to proceed with their refund or replacement 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 risk relating to the loss or damage of the Products occurs when the Customer takes physical possession of the Products. The Products therefore travel at the Seller's risk until they are delivered to the Customer.
In the event of a dispute concerning delivery, the Customer must provide a sworn statement of non-receipt, accompanied by a copy of their identity document, to be sent electronically to the Seller.
These documents will then be provided to the carrier in order to carry out the necessary investigations.
7. DELIVERY ERRORS
The Customer is required to check the condition of the Products upon delivery. Any claim concerning a delivery error or non-conformity of the Products, whether in nature or quality compared to the information on the order form, must be addressed to the Seller on the day of delivery or at the latest on the first working day following it.
For delivery to a collection point, this period begins from the moment the Customer takes physical possession of the Product.
Complaints should be submitted via the website's contact form or by email to: service.clients@hom-y.fr
Any claim not made in accordance with these terms and within the specified timeframes will not be taken into account and will release the Seller from any liability towards the Customer.
An exchange of a Product can only take place after the Customer receives a confirmation email from the Seller.
In the event of a delivery error, the Product concerned must be returned in its entirety, in its original packaging, accompanied by the prepaid return label which will be sent to the Customer by email.
The Customer agrees to drop off the parcel(s) at a post office or designated collection point and to send the Seller proof of postage.
Return costs relating 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 Consumer Code, the consumer has a period of fourteen days to exercise their right of withdrawal from a contract concluded remotely, following telephone solicitation or off-premises sales, 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 from the date the Customer takes physical possession of the goods.
The right of withdrawal may be exercised online via the contact form or by email at service.clients@hom-y.fr, or by any other clear and unambiguous statement expressing the wish to withdraw, in particular by post 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, instructions, etc.) and in a condition allowing their resale as new, accompanied by the purchase invoice.
Damaged, soiled, incomplete products or products returned in packaging other than the original will not be accepted.
Return postage costs are the sole responsibility of the Customer, except in cases of product non-conformity or errors attributable to the Seller. Outside of these situations, return postage costs are non-refundable.
The refund will be made within fourteen days of the Seller receiving and verifying the returned Products, provided that they meet the conditions mentioned above.
Once the Seller has sent the Customer written return authorisation, the product(s) 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.
TAKING BACK USED EQUIPMENT – THE ‘1 FOR 1’ SCHEME
In accordance with the provisions of the Environment Code, and in particular Articles L.541-10 et seq. relating to waste electrical and electronic equipment (WEEE), HOM’Y is introducing a ‘1 for 1’ take-back scheme.
Under this scheme, the Customer is entitled to have a used item taken back free of charge when purchasing an equivalent new product. The conditions of application are as follows:
- The item being taken back must be equivalent in type, 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 return and obtain the logistical details.
- The trade-in is carried out at no cost to the Customer, in accordance with current regulations.
The trade-in is organised in one of the following ways:
- Drop-off at a partner collection point (carrier) specified by HOM’Y.
- Return via a prepaid label provided by HOM’Y, enabling dispatch via the La Poste network.
9. WARRANTY
The Products supplied by the Seller benefit from:
- The legal guarantee of conformity, applicable to defective products
- The legal guarantee against hidden defects arising from a flaw in materials, design or manufacturing affecting the delivered products and rendering them unfit for use
Provisions relating to legal guarantees
In order to assert their rights, the Customer must inform the Seller in writing (by email or letter) of the non-conformity of the Products or of the existence of hidden defects from the date of their discovery.
The Products are currently guaranteed against any malfunction resulting from a defect in material, design or manufacturing for a period of 24 months from the date of delivery.
Under this warranty, the Seller's sole obligation will be to replace or repair, free of charge, the Product or part recognised as defective by its services.
To benefit from this warranty, it is essential that the after-sales service (ASS) procedure be strictly followed. In particular, any return arranged by the Customer without prior agreement from the Seller will not be accepted.
The warranty does not cover apparent defects (see Article 7, Delivery Errors) reported at the time of purchase. Also excluded from the warranty are defects and damage resulting from normal wear and tear, improper storage, misuse, external accidents (incorrect assembly, commissioning or installation, faulty maintenance, abnormal use), as well as any modification to the Product not specifically planned or authorised 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, will not be subject to any claim or request for return or repair related to said defect.
If the products have been opened or modified by the Customer or by an unauthorised third party, the warranty will immediately become void.
In these cases, all costs related to replacement, repair and transport will remain the sole responsibility of the Customer.
The Seller shall not be held liable in the following cases:
- Non-compliance with the legislation of the country in which the products are delivered, which it is the Customer's responsibility to verify
- Misuse, negligence or lack of maintenance by the Customer, as well as normal wear and tear of the Product, accident or force majeure
The photographs and graphics presented on the website are not contractual and do not constitute a binding commitment on the part of the Seller.
The Seller's warranty is, in any event, limited to the replacement or refund of non-conforming or defective Products.
Provisions relating to the contractual guarantee
Products purchased on the Bestherm.fr website may benefit, in addition to the legal guarantees of conformity and against hidden defects, from a contractual guarantee 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 heated towel rails with remote control
- The warranty covers breakdowns and malfunctions of the appliance when used in accordance with the intended purpose of the product 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 guarantee
- The warranty does not cover damage resulting from normal wear and tear, lack of maintenance, negligence, faulty assembly or improper use (impacts, failure to comply with electrical supply recommendations, inadequate storage, conditions of use, etc.)
- Also excluded from the warranty are adverse consequences due to the use of non-original or unsuitable accessories or spare parts, or to the dismantling or modification of the appliance
10. APPLICABLE LAW — LANGUAGE
These GTC and the transactions arising therefrom are governed by and subject to French law.
11. DISPUTES
For any complaints, please contact our Customer Service team 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