THERMCROSS INTERNATIONAL GENERAL TERMS AND SALES CONDITIONS

 

Our general terms and sales conditions are considered as known by the buyer. Each order involves that the buyer accepts these conditions. These conditions shall prevail Unless otherwise prior written agreement from Thermcross International®.

These conditions shall apply between Thermcross International, a SAS company with a capital of €50.000 located in 590 rue Pierre Auguste Roiret 69290 Craponne, France, French company register: Lyon n° 504 878 166 (hereafter “the seller”), and any professional customer  willing to order through www.thermcross.com. (hereafter “the website”).

 These general terms and conditions of sale are available at any moment on the website and prevail over any other version or any contradictory document

The seller is entitled to amend these general terms and condition of sales at any moment. The sales conditions are those effective on the date the order is placed. 

 

PLACING AN ORDER

www.thermcross.com is dedicated only for professionals. A customer account is needed to place orders through the website. If a customer doesn’t have an account, he has to create one through the website. Requests are processed within 2 working days when all necessary information is sent.

The account is created upon validation from our side and the customer can place orders according to the process set up on this website.
The seller is contractually committed to the customer only upon definitive validation of the order.
The customer must supply all requested information for the order to be processed. The seller shall not be held responsible in case of false or incomplete information supplied by the customer

The products and services are available as long as stocks last and according to the ability of the seller. Should a product or service not be available, the seller must inform the customer by all means available and the customer may cancel the order without any compensation.

 

PRICE

Prices are displayed when the customer has logged in his personal account.

All prices are exclusive of taxes (EXWorks products). Shipping, warranty and VAT are to be added.
Prices may change without prior notice especially for imported products. The prices are those effective on the date the order is placed.

A minimum of 50€ is requested to process an order. Administration fees of 5€ shall be added for any order less than €150 for customers in Europe, and of €7 for any order less than €200 for customers outside Europe.

 

SHIPPING

The rights and the obligations for all sides shall be determined according to the selected Incoterm that is agreed when the account is created.

The customer must acknowledge the compliance of the goods when delivered and any possible claim should be made within three working days from the reception date. The customer may complain to the shipper in case of non-compliance related to the package of the products.

Orders are dispatched worldwide. The service includes delivery and not setting up.

 

WARRANTY

In compliance with the legal warranty of article 1641 of the French Civil Code, the warranty of Isotherm products is effective for a 12 months period (or 15 months for the circulators) against any manufacturing or material defect, from the manufacturing date. The warranty is limited to the replacement of the defective goods, without compensation for any causes at all.

The warranty of trade products is fixed by the manufacturer or the supplier. The warranty is limited to the replacement of the defective goods, without compensation for any causes at all.

Returns of goods under warranty are at the charges of the buyer.

 

PRODUCTS

Documents and pictures displayed in the catalogue are provided only for information. The mentioned brands belong to their respective holders and are used for the sole purpose of identification.
Thermcross International® reserves the right to modify the external aspect of their products at any time according to the availability of their supplies.

 

RETURN OF PRODUCTS

Send a request for return through www.thermcross.com

Unless error from the seller, ordered and delivered products cannot be returned without prior written agreement from our services.
Returns shall be assessed upon reception before any acceptance. The assessment is to ensure that the returned product has not been damaged and is still packaged. In such case, a 20 % fee shall be applied for the processing of the return. Over packing the product is recommended and returns shall be at the charges of the buyer. No postage due shall be accepted

The products that are not displayed in the catalogue and specifically ordered for the customer shall not be returned nor exchanged. 

 

PAYMENT

The client has several possibilities for paying:

  • Payment at a due dateaccording to particular sales conditions
  • Payment through wire transfert
  • Payment through credit card (Carte bleue/Visa or Eurocard/Mastercard) in this case, the products, the participation to expedition fees and services can be paid at the moment the client places his order.

In order to ensure the maximum security for payments through credit card, such operation is secured by the BNP Paribas’ SSL protocol (Secure Socket Layer : the international norm that permits the crypted data transfert on the Web). The credit card data is crypted between the browser and the Merc@net server that is the only recipient of the card data. The Seller has no knowledge of the Customer’s credit card data.

Payment terms: 
Unless prior written agreement, the price shall be paid at due date as stated on the invoice.

Buyer’s financial stability

The seller reserves the right to accept or not the creation and maintenance of a customer account according to the reception by the buyer of all necessary accounting, financial, legal records and eventually warranties. The seller reserves the right to request from the buyer full or partial payment upon reception of the order in accordance with the buyer’s financial stability.

 Delay of payment: 

Any payment default at the due date gives the seller all the rights to suspend or cancel pending orders, and to require immediate full payment of the sums due to the seller. The payment cannot be delayed for any reasons even in case of litigation. In the event of a payment delay, the seller is entitled to apply a late interest equal to the most recent European Central Bank’s refinancing rate plus a seven percent (7 %) increase.

Modification of the legal situation of the buyer: 
The buyer shall be required to immediately fulfill the due payments in the event of total or partial disposal, provision in the pledging of a business, or disposal of an important part of the assets.

 

RETENTION OF TITLE

The seller reserves the title of the goods and all its components until full payment of their price that may be immediate or according to payment terms granted.
In the event the buyer aims to resell the product, the full remaining due price is to be paid immediately to the seller.
The buyer will not have the right to assign or transfer the title of the goods, or provide a security interest over any product until full payment of the due price. In the event of consecutive orders or partial payment, the products already delivered to the seller shall be deemed to be unpaid. This clause of retention of title does not affect the risk transfer to the buyer in accordance with the “shipping” clause

 

COPYRIGHT

The catalogues are databases protected by the 98-536 law of July 1st 1998, and they are our exclusive property. If the buyer uses these databases, he formally agrees to scrupulously respect the conditions of use. All technical documents given to the buyer can be protected by intellectual property rights, which ones the buyer can not infringe. Non-binding pictures – Subject to printer’s error. Thermcross International reserves the right to make some modifications without notice to improve its products.

 

JURIDICTION AND APPLICABLE LAW

All disputes fall within the exclusive jurisdiction of the Tribunal de Commerce of Lyon. The applicable law is the French law;

 

 

 


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