General terms
Clause No. 1: Object
The general terms and conditions of sale described below detail the rights and obligations of the company Towelmed France and its customer in the context of the sale of the following goods: bath linen, foutas, fabrics.
The GTCS apply without reservation or restriction to all sales concluded by Towelmed France of products listed in its product catalog (hereinafter referred to as the "Products").
Any service provided by Towelmed France thus implies the unreserved acceptance by the buyer of these general terms and conditions of sale, regardless of any clauses that may appear on the Customers' documents, including their general terms of purchase, unless expressly and expressly derogated by Towelmed France.
Clause No. 2: Price
The prices of the goods sold are those in effect on the day of the order. They are in euros and calculated excluding taxes. Consequently, they will be increased by the VAT rate and the applicable shipping costs on the day of the order.
Prices do not include transportation, customs duties, and any insurance, which remain the responsibility of the Customer.
Towelmed France reserves the right to modify its prices at any time. However, it undertakes to invoice the goods ordered at the prices indicated at the time of registration of the order.
Clause No. 3: Order
The minimum order amount excluding fees is €150 excluding taxes.
Product orders are placed by Customers with hotel sauna store:
on the website: https://www.hotel-sauna-store.com/
by email: contact(@)https://www.hotel-sauna-store.com/
by mail to: Towelmed France - 3 rue Escouvrier 95200 Sarcelles - France
from Monday to Friday from 9am to 12:30pm and from 2pm to 6pm.
Towelmed France cannot be held responsible for any difficulty accessing its website, any disruption or interruption during or after connection to its site, and any possible consequences related to the use of its website.
Textile articles made to measure and/or personalized are neither taken back nor exchanged.
Clause No. 4: Availability
Product offers are subject to availability, but if one or more products become unavailable after the order has been placed, the customer will be notified by phone, email, or mail within eight days after Towelmed France verifies the stocks.
Clause No. 5: Order validation
To place an order on the Website, the customer must click on the desired product(s) and choose the desired quantity, then click on "Add to cart", the customer is considered to have placed the order as soon as they have accepted these GTCS by validating their order. The customer declares and expressly acknowledges having read all the general terms and conditions of sale and accepts them without reservation by clicking on the "order" button after scrolling through and validating the different steps of the order. Filling in all mandatory fields is one of the conditions for registering and validating the order. Order validation implies acceptance of these GTCS in their entirety and constitutes proof of the sales contract. Towelmed France cannot be held responsible for any difficulty accessing its website, any disruption or interruption during or after connection to its website, and any possible consequences related to the use of its website.
For orders placed by email or mail, the order is materialized by the transmission of the order form to Towelmed France, which implies full and unconditional adherence to these GTCS.
For orders placed by phone, the order is placed orally by the Customer, who confirms his knowledge and acceptance of these GTCS and any special conditions agreed upon. The customer also undertakes to provide accurate, sincere, and complete information regarding all questions asked. Placing an order implies the customer's acceptance of these GTCS in their entirety.
Sales are only finalized after Towelmed France expressly accepts the customer's order, ensuring, among other things, the availability of the requested products and, if applicable, after the customer has paid the full price. It is the customer's responsibility to verify the accuracy of the order and to immediately report any errors to Towelmed France. Any modifications requested by the Customer after order confirmation can only be taken into account upon express notification to Towelmed France, within the limits of Towelmed France's capabilities, at its sole discretion and after any adjustment of the price. Furthermore, Towelmed France reserves the right to refuse orders from customers with whom there are disputes or anomalies regarding the customer's contact details. Unless proven otherwise, the data recorded electronically by Towelmed France constitutes proof of transactions with customers. Furthermore, in accordance with the provisions of article 1127-1 of the Civil Code, the GTCS may be retained by anyone visiting the website, by means of computer recording, and may be reproduced by printing.
Unless proven otherwise, the data recorded electronically by Towelmed France constitutes proof of all transactions between Towelmed France on its website www.towelmed.com and its customers.
Clause No. 6: Discounts and Rebates
The prices offered are those on the online catalog and in force at the time of placing the order, they are firm and not subject to revision, since they are based on wholesale purchases.
Clause No. 7: Discount
No discount will be granted for early payment.
Clause No. 8: Payment Terms
Payment for orders is made net and without discount:
by credit card.
Upon registration of the order, the buyer must pay the full amount, and payment will be considered final only after effective collection by Towelmed France of the sums due.
Clause No. 9: Late Payment
By express agreement, late or non-payment on the due date will result in the immediate maturity of all sums due, regardless of the payment method provided. Towelmed France also reserves the right to suspend or cancel the delivery of the client's current orders in the event of non-compliance with the payment conditions. In the event of total or partial non-payment of the goods delivered on the day of receipt, the buyer must pay Towelmed France a late penalty of 10% of the sums due. This penalty is calculated on the TTC amount of the remaining sum due and runs from the due date of the price without any prior formal notice being required. In addition to late fees, any sum, including the deposit, not paid on its due date will automatically result in the payment of a lump sum of 40 euros for collection costs. Articles 441-6, I paragraph 12 and D. 441-5 of the Commercial Code.
Clause No. 10: Resolutive Clause
If, within fifteen days following the implementation of the "Late Payment" clause, the buyer has not paid the remaining amounts due, the sale will be automatically terminated and may entitle the company Towelmed France to damages.
Clause No. 11: Retention of Title Clause
Towelmed France retains ownership of the goods sold until full payment of the price, principal, and accessories. In this respect, if the buyer is subject to receivership or judicial liquidation, Towelmed France reserves the right to claim, within the framework of the collective procedure, the goods sold and remaining unpaid.
Clause No. 12: Delivery
Delivery is made:
either by direct delivery of the goods to the buyer;
or by sending a notice of availability in store to the buyer;
or at the place indicated by the buyer on the order form.
The delivery time indicated when the order is registered is given for information only and is in no way guaranteed. Consequently, any
reasonable delay in the delivery of the products cannot give rise to the buyer's benefit:
the allocation of damages;
the cancellation of the order.
The risk of transport is entirely borne by the buyer. In the event of missing or damaged goods during transport, the buyer must make all necessary reservations on the order form upon receipt of said goods upon delivery. It is necessary to unpack the goods in the presence of the carrier. This is mandatory if damage is found (the formula 'subject to unpacking' is not sufficient). In the event of damage or damage: mention the damage or damage on the carrier's delivery note and send a registered letter with acknowledgment of receipt to the carrier within 48 hours to confirm the damage or damage observed (article L 133-3 Commercial Code). You will also need to send us a copy of this letter. These reservations must also be confirmed in writing within three days (excluding public holidays) following delivery, by registered letter with acknowledgment of receipt. All claims not respecting this formalism will not be taken into account.
Clause No. 13: Intracommunity Delivery
Upon imperative and prior receipt and after verification of the intracommunity VAT number, an invoice excluding taxes (H.T.) will be sent to the subject corresponding to the invoiced products.
Clause No. 14: Force Majeure
Towelmed France's liability cannot be engaged if the non-performance or delay in the performance of one of its obligations described in these general terms and conditions of sale results from a force majeure event. In this respect, force majeure means any external, unforeseeable, and irresistible event within the meaning of article 1148 of the Civil Code. In these cases, Towelmed France may either defer delivery or cancel orders. The client will be informed of the difficulties encountered and the fate of the orders. The same circumstances allow Towelmed France to modify the nature and quantity of the products offered or ordered. Towelmed France informs the client beforehand and offers him one or more replacement product(s). The client is free to accept or refuse the substitution but cannot claim compensation or damages.
Clause No. 15: Guarantees
Towelmed France offers legal guarantees against hidden defects (art. 1625 and following of the Civil Code). The abnormal and/or unforeseeable use of the products by the customer as well as improper use and/or improper storage and/or improper maintenance prevent(s) the implementation of the guarantee. In any event, even if its liability is engaged, Towelmed France shall not be liable for any other compensation than the provision of new products that are compliant and not defective within the limit of the initial cost of the products concerned, excluding compensation for any other damages, especially those resulting from disturbances or loss of business. Free replacement is subject to the return of defective products, and only products returned in their original condition may be covered by the warranty. The replacement of the defective product is subject to the acceptance of said product by the wholesaler or the manufacturer who is solely competent to judge the cause and failure of the product. The customer has 14 working days to request the exchange of defective product(s), considered as a breakdown on unpacking, from the date of receipt of his order, to be made in writing, by email, or by registered mail, signed and dated.
Clause No. 16: Return
According to article L. 121-21 of the Consumer Code, a fourteen-day period is granted to the customer to exercise his right of withdrawal, from the receipt of the product(s). The customer will have 14 days to return the products at his own expense and by his own means, in their original condition and in their original packaging. The customer must make his return request in writing, by email, or by registered mail, signed and dated, within this 14-day period. Any accepted return will result in a refund, exchange, or credit according to the customer's choice after qualitative verification of the returned products. Any product that has been damaged or used will not be eligible for any refund. Transport costs are the responsibility of the buyer unless there is an error on the part of Towelmed France. In the case of a refund, Towelmed France will make the refund within one month, after verifying and validating the return. As an exception, personalized or made-to-measure products and meter fabrics cannot benefit from the right of return.
Clause No. 17: Intellectual Property Rights
The customer has no intellectual property rights over the products sold, their packaging, advertising or presentation documents, and distinctive signs.
Clause No. 18: Competent Court
Any dispute relating to the interpretation and execution of these general terms and conditions of sale is subject to French law. In the absence of an amicable resolution, the dispute will be brought before the Commercial Court of Pontoise.