Terms and conditions
Update: April 2021
Please read these general conditions of sale for this site carefully. By purchasing from this site, you fully accept these terms and conditions.
ARTICLE 1 - APPLICATION OF THE GENERAL CONDITIONS OF SALE
These general conditions of sale apply to any direct sale of WARMPAC products (hereinafter « the Product ») to any natural or legal person (the « Buyer »). The fact of placing an order implies full, complete and unreserved acceptance by the Purchaser of these general conditions of sale, to the exclusion of any other document, such as prospectuses, catalogs, issued by WARMPAC, having only an indicative value. (Non-contractual visuals and marketing documents that can be modified at any time at our initiative). order or any other document, cannot take precedence over these general conditions of sale, except with the express written consent of WARMPAC. The Purchaser acknowledges by placing his order that any contrary condition of the Purchaser is, in the absence of express written acceptance, unenforceable against WARMPAC, regardless of when it may have been brought. to his knowledge.
The unique identifier FR007352_0570LE attesting to the registration in the register of producers of the EEE sector, pursuant to Article L.541-10-13 of the Environmental Code has been assigned by ADEME to the company WARMPAC (51963485100017). This identifier attests to its compliance with its obligation to register with the register of producers of Electrical and Electronic Equipment and the realization of its declarations of marketing to ecosystem.
ARTICLE 2 - EFFECTIVENESS OF ORDERS
Orders are only final after express written acceptance by WARMPAC. WARMPAC reserves the right to refuse any order which does not comply with these conditions or contains errors.
From the written acceptance of the order by WARMPAC, this is deemed to be firm and definitive and may not be subject to any modification or cancellation and binds the Purchaser in particular as regards its payment. Orders are sent to WARMPAC by email, directly on its website or on request for a prior estimate.
ARTICLE 3 - DELIVERY
Delivery will take place within the time period indicated in the order accepted or in the order acceptance, following the date of receipt of payment of the price by WARMPAC. The deadlines are indicative and any possible delay does not entitle the Buyer to cancel the sale or to refuse the Product and will not give rise to any deduction, compensation, penalty or damages. Delivery of the Product is intended to the recipient's address, not unloaded unless expressly agreed between the parties. The transfer of risks to the Product takes place upon loading in the first mode of transport upon leaving the factory (Ex-Works according to ICC incoterms in force on the date of order acceptance). Unless expressly mutually agreed in writing specifically providing otherwise, the Product is therefore always transported at the risk and peril of the Purchaser, to whom it is up to in the event of damage or partial delivery to make all necessary observations, including if the transport is organized by WARMPAC. The Purchaser must express his reservations on the delivery slip, and possibly refuse the Product in the event of any damage noted. He must then confirm his reservations in writing (registered letter with acknowledgment of receipt) without delay and at the latest within 3 days in accordance with Article L133-3 of the Commercial Code. For information, the only mention « subject to unpacking » appearing on the delivery slip does not constitute a complaint.
On delivery of the Product, the Buyer must ensure that it is in good condition and that it complies with the order.
In the event of non-compliance of the Product delivered with the order, the Purchaser must inform WARMPAC in writing within fifteen days with all the documents capable of demonstrating the lack of conformity of the delivered Product. If WARMPAC confirms the non-conformity of the Product, the Purchaser may obtain, at the option of WARMPAC either the replacement of the Product or its reimbursement at the purchase price within thirty (30) days from the written request of the Purchaser. To do this, the Purchaser must return the Product to WARMPAC in perfect condition and in its original packaging.
The Purchaser must, prior to any return of the Product, contact the WARMPAC customer service in order to learn about the return procedure by following the instructions on its website (https://warmpac.fr) in the « SAV » or « after-sales service » tab.
The characteristics of the Products mentioned in our catalogs and/or on our website (visuals, dimensions, descriptions, weight etc.) have only general information value and are in no way contractual commitments. These specifications are subject to change without notice.
ARTICLE 4 - RESERVE OF OWNERSHIP
WARMPAC RESERVES OWNERSHIP OF THE PRODUCT UNTIL FULL PAYMENT OF THE PRICE, whatever the terms of delivery and payment, being reminded that the sale is made Ex-Works.
Consequently, the Buyer must take out an insurance contract guaranteeing, upon delivery, the risks of loss, theft and deterioration of the goods sold, as well as the damage they could cause.
In the event of non- payment by the Purchaser, and without waiving any of its rights, WARMPAC may require, by registered letter with acknowledgment of receipt, the return of the Product at the expense and risk of the Purchaser or may request the repossession of the Products in whatever hand they are found.
ARTICLE 5 - GUARANTEES
Legal guarantee against hidden defects (articles 1641 and following of the civil code) and Liability for defective products (articles 1245 and following of the civil code).
WARMPAC guarantees the absence of hidden defect which would make the Product sold unfit for the use for which it is intended, or which would reduce this use to the point that the Buyer would not have acquired it or would have given only a lower price if he had known about it.
- The defect must be prior to the sale.
- The duration of this warranty is indicated on the product sheet in the Product user manual, also available on the WARMPAC company website.
The Buyer can only benefit from the guarantee if he notifies WARMPAC by registered letter with acknowledgment of receipt within fifteen days of discovery of the defect.
The Buyer acknowledges having read the guarantee provided for in these general conditions of sale and undertakes to transmit them to intermediaries or end users.
The Product is delivered accompanied by a notice, specifying the specifics, including the duration of the guarantee by product range. Unless otherwise indicated in the instructions, the Product warranty (parts only) is two years from the date appearing on the invoice for the sale of the new product by the Purchaser to its end user.
Any intervention carried out in the framework of the guarantee does not extend the duration of this one. The invoice is due and conditions any coverage under warranty.
In any event, for Products recognized as defective by WARMPAC, this warranty is limited, depending on the case, either repair or exchange with a new or reconditioned identical product, or, in the event of unavailability of an identical product, reimbursement via a credit note.
Any costs of installation, removal, emptying, filling, treatment (products, etc.) and shipping are the responsibility of the Buyer. The shipping costs of the repaired or replaced product delivered to the Purchaser are the responsibility of WARMPAC as well as the costs of labor in the workshop. Following a request for coverage under the warranty, if the Product proves to be compliant, the costs related to the processing of the return and any costs incurred by the complaint will be borne by the Purchaser and may be invoiced to him by WARMPAC.
Any Product called upon to benefit from the warranty must first be submitted to the WARMPAC after-sales service by creating an after-sales service file via its site internet: https://warmpac.fr where you can find all the specific conditions concerning the after service -sale.
The contractual warranty does not cover problems arising in whole or in part from negligence, misuse, abuse or unconventional use, insufficient or improper maintenance, improper repair, failure - compliance with installation and storage instructions, or faults attributable to causes of external origin (natural or technological disaster, etc.).
The contractual warranty does not cover consumables or repairs carried out by a third party person not expressly authorized in writing by WARMPAC. Snags, holes, tears, stains, natural wear, exterior accidents are excluded from the warranty. The warranty is not transferable to a third party.
Out of warranty
Any repair out of warranty will be the subject of a prior estimate. Only written quotes are admissible, their validity period is one month. The advice, recommendation or technical assistance provided free of charge are given for information only and can in no way engage the responsibility of WARMPAC. If during the repair following the first accepted estimate, the defect of one or more additional components appears, we undertake to send a new estimate for acceptance.
The Product will be kept in the premises of WARMPAC for 45 days from the date of issue of the quote. After this period, and in the absence of agreement from the Purchaser on the repair estimate to be made, the Product
ARTICLE 6 - PRICES
The Product is sold at the price in euros, excluding tax, in force at the time of receipt of the order. Prices are subject to change without notice according to decisions made by WARMPAC and only become final after acceptance of an order by WARMPAC. The prices indicated in the order can only include discounts, rebates and rebates expressly granted in writing by WARMPAC. Any complaint concerning the invoice must be notified to WARMPAC by registered letter with acknowledgment of receipt, at the latest within 15 days of its receipt, failing which the invoice is deemed correct and accepted. without reservation. All taxes, customs duties and other costs related in particular to transport are added to the sale price and entered on the invoice.
ARTICLE 7 - TERMS OF PAYMENT
The Product is payable in full when ordering, except for specific conditions granted to the Buyer and approved in writing by WARMPAC. Only the correct receipt of payment by WARMPAC will give effect to the obligation of delivery of WARMPAC unless otherwise stated in writing. No discount for cash payment is granted. application of a lump sum compensation of € 40 excluding tax as well as a lump sum compensation of fifteen (15)% of the total amount excluding tax of the order. interest without the need for prior formal notice, on the basis of the rate of advances from the ECB increased by ten points as well as the application of a recovery indemnity, at least equal to the minimum lump sum amount provided for by the applicable texts and until full payment.
In the event of non-payment of one of the orders, or part of an order, by the Buyer, WARMPAC has the right to suspend any manufacture and delivery of any other order and/or terminate them, without any This cannot be claimed by the Buyer from WARMPAC as a result. No claim on the Product (defect, etc.) shall suspend payment until the defect has been accepted in writing by WARMPAC.
The credits granted by WARMPAC will not be refunded.
will be returned. In this case, the shipping and expertise costs will be borne by the Buyer.
ARTICLE 8 - INFORMATION OBLIGATIONS
The Purchaser must notify WARMPAC without delay of any change in its situation which is likely to have consequences under the order (s) and in particular on its financial viability or its shareholding or the ownership of its Commercial property. The Parties may decide on the basis of said changes to revise the terms of payment.
If WARMPAC is obliged to store the Products ordered by the Purchaser, it may only do so for a period not exceeding twelve (12) months from the date of receipt of the goods. WARMPAC will inform the Purchaser of the storage cost, which may not be less than fifteen (15) euros excluding tax per month and per product.
ARTICLE 9 - INTELLECTUAL PROPERTY RIGHTS
The Buyer agrees not to reproduce, disclose, transfer, recopy, represent, decompile, modify or use the name, logo, trademarks, technical documents and any other sign and asset covered by one or more property rights. intellectual property of WARMPAC or any derivative, combination or copy of said signs and/or rights (including software and technical plans), in any communication of any form, whatever nature and on any medium or medium ( including via the internet) whether this communication is intended for the general public or for customers or any other third party or group of third parties. No Buyer has the right to resell the Products on the internet and/or use the name or any distinctive sign of WARMPAC without being expressly authorized in writing by WARMPAC. in accordance with the conditions and instructions given by WARMPAC in order to offer the said Product for sale, by signing the “internet sale” form which must be requested in writing from WARMPAC BEFORE any sale. Each Buyer who intends to make sales of Products via one or more internet channels must inform WARMPAC in advance in writing and sign the aforementioned internet sale form. WARMPAC remains at all times the sole owner of the intellectual property rights relating to the Products and their distinctive signs, whether registered or not. The violation of this obligation will be considered as constituting an intentional violation of these conditions by the Purchaser, thereby entailing all the consequences of such violation.
The Purchaser undertakes not to carry out and/or assist in the performance of any act or omission likely to infringe the industrial or intellectual property rights of WARMPAC.
ARTICLE 10 - PROTECTION OF PERSONAL DATA
WARMPAC undertakes to respect the security of personal data communicated by Buyers and to process them in accordance with the regulations in force. The Customer acknowledges being hereby informed that this data will be used by internal services, partners and subsidiaries of WARMPAC, in particular for:
- The processing of the Buyer's order, the follow-up of the order, the management of invoicing and payment and any complaints,
- Strengthen and personalize communication, in particular by sending newsletters and letters, offers and specific emails on product news. This processing is based on the legitimate interests of WARMPAC to carry out communication and prospecting operations as part of its commercial activity in order to continuously improve its offer to customers.
The provision of the data requested during the order is contractual and is mandatory to allow the order to be placed under conditions allowing its realization.
Personal data is stored in an active database for a period of four (4) years from the last order, on a secure server within the European Union. Personal data concerning the execution of the order may be kept in intermediate archiving for a period of five (5) years from the order, a period necessary for the recognition, exercise or defense of the rights of WARMPAC in court (limitation period).
In addition, WARMPAC recalls that if the Buyer changes his mind and no longer wishes to receive emails or promotional letters , he could at any time make a request to the address « firstname.lastname@example.org » (right of opposition).
In addition, under the conditions provided for by the regulations in force, the Buyer may at any time exercise the rights of access, rectification or deletion of information concerning him, his right to limit processing and his right to portability. of his data, his right to define the directives concerning his personal data after his death, by sending his request (indicating e-mail address, surname, first name, postal address): By e-mail to the address « email@example.com » or by post at the registered office address indicated at the bottom of the page. Finally, the Buyer has the right to lodge a complaint with the competent authority (the CNIL in France).
ARTICLE 11 - RESPONSIBILITY
Under no circumstances and notwithstanding any clause to the contrary, (i) WARMPAC can not be held responsible for damages, of any nature whatsoever, which could be the direct or indirect consequence of a bad adaptation , use or maintenance of the Product and (ii) WARMPAC is in no way liable for any consequential or indirect damage or loss of profit, loss of contract, loss of data, loss of production, damage to image or reputation or other financial loss. With the exception of bodily injury and in the event of intentionally wrongful behavior, the total and cumulative liability of WARMPAC for the material damage it causes is capped, regardless of the basis of its liability (contractual , pre-contractual, tort, guarantee, liability without fault) for any claim whatsoever, to forty percent of the total amount excluding tax of the order giving rise to the claim.
ARTICLE 12 - MISCELLANEOUS PROVISIONS
The nullity and/or cancellation of one of the provisions and/or of a clause of these General Conditions of Sale will in no case affect the validity of the other provisions and clauses which will remain in force and fully effective between the parties. The parties to the contract undertake to renegotiate in good faith a provision and/or a clause that would be null or invalid, so as to make it comply with the law while at the same time respecting the economic purpose of these General Conditions of Sale. .
It is up to the Purchaser to ensure the identification and individualization of the Product (s) and to avoid their fusion in a common stock. In the event of reorganization or judicial liquidation, the Purchaser undertakes to have the administrator, the agent or the representative of the creditors establish a complete list of the unpaid Products and therefore always the property of WARMPAC. Likewise, WARMPAC may unilaterally, after sending a formal notice, draw up or cause to be drawn up an inventory of its Product (s) in the possession of the Buyer, who undertakes to 'or already, to allow free access to its warehouses, stores or other for this purpose.
The fact that a party does not require the application of any clause hereof, whether permanently or temporary, with regard to another party, can in no case be considered as a waiver by the party concerned of said clause.
The rights and obligations of WARMPAC hereunder will be freely transferable by the latter to any affiliate of his choice. The Purchaser may not assign, encumber, alienate or transfer all or part of the rights and obligations stipulated herein, by any means whatsoever, without the express, prior written consent of the Purchaser. In the event of a change of Control of the Transferor, the latter must notify WARMPAC within five (5) days of said change of control. WARMPAC will have the possibility to terminate the order(s) in progress or, failing that, to modify the terms of payment in order to guard against any defect.
Neither Party shall be responsible for the 'non-performance of its obligations if and to the extent that this non-performance is due to a case of force majeure, as this concept is defined by French law. If the delivery times and conditions are affected by a pandemic situation, even if this does not constitute a case of force majeure, WARMPAC will do what it can to meet its commitments but not may be held liable in the event of non-compliance with its obligations, including in the event of failure to deliver.
In the event of non-performance by the Purchaser of one of its obligations and failure to comply despite request from WARMPAC, the sums paid by the Purchaser will remain acquired by WARMPAC which may suspend its delivery (s) and, if necessary, request additional damages relating in particular to all costs incurred, including for example manufacture, transport, storage and collection costs.
In the event of a change in law (including tax) and/or French, European or international standards applicable between the date of 'issuance of the order and the delivery date which would have the effect of adding u n additional cost to the completion of the order, this additional cost will be invoiced and demonstrated to the Purchaser.
The terms of the order and/or order acceptances are confidential as well as all the elements constituting or forming part of the secrets business of each party.
ARTICLE 13 - ATTRIBUTION OF JURISDICTION
These General Conditions of Sale are subject to French law to the exclusion of any other applicable international convention including the Vienna convention on the international sale of goods of April 11, 1980. Any conflict, dispute or dispute relating to sales made between WARMPAC and the Buyer and/or the applicability, validity, execution or interpretation of these General Conditions of Sale, THE PARTIES EXPRESSLY GRANT EXCLUSIVE JURISDICTION TO THE AIX COMMERCIAL COURT IN PROVENCE, including in the event of summary proceedings or multiple defendants. The issuance and acceptance of drafts, direct collection or any other method of payment does not constitute novation or exemption from this jurisdiction clause.