Standard Terms and Conditions of Sale

Standard Terms and Conditions of Sale applying to users of the www.THXMEDICAL.com website

An order implies, from the Customer, full and unconditional acceptance of these standard terms and conditions of sale.

Article 1. Purpose and Area of application

The THXMEDICAL company (hereafter “the Company”) operates the website www.thx-medical.com, e-commerce site of interest to health professionals (hereafter “the Site”).

These Standard Sales Terms and Conditions exclusively govern the relations between the Company and any person visiting the Site or ordering products on the Site (hereafter “the Customer”) and take precedence over any other conditions of sale or purchase.

The Company reserves the right to modify at any time the Standard Terms and Conditions of Sale. In this case, the applicable Standard Terms and Conditions of Sales are those in force on the date of the definitive conclusion of the agreement. The modified Standard Terms and Conditions of Sale shall apply to all subsequent orders.

Article 2. Purchase and order of products

Any purchase or purchase order of products should be carried out through the Site; the Customer should be aware that the pictures illustrating the products are not contractual.

To order, the Customer must enter the purchase order in the order form available on the Site. Once completed the order form, the Customer can access to an order summary (including ordered products and relative prices), informing about the possibility to modify, add or cancel any items. To save the order, the Customer shall confirm the order summary.

Once the order is confirmed by the Customer, the Company submits an e-mail to the Customer, acknowledging receipt of the order (hereafter the “Acknowledgement of receipt”).

This e-mail constitutes the acceptance of the Customer's order by the Company. From the Customer receipt of the e-mail acknowledging receipt of the order, the contract becomes binding. These Standard Terms and Conditions of Sale with the Acknowledgement of Receipt constitute the contract concluded between the Company and the Customer (hereafter “the Contract”).

Article 3. Price

The prices of the products displayed on the Site are given in Euros net of applicable taxes (excl. taxes), excluding carriage and order processing costs.

Any order placed on the Site and delivered outside France may be subject to taxes and customs duties that are the Customer’s responsibility.

The carriage costs are added to the total amount proportionately to the weight of the shipped package, whatever the value of the order. Carriage costs are indicated at the end of the purchase order.

Article 4. Availability and delivery

Order are accepted within the limits of stocks available and sent by Post or any other carrier.

Any product available in stock is shipped within 24/48 working hours. In all other cases, the availability may vary from 5 to 30 days according to the ordered products. In July and August, these time limits may be doubled.

The indicated time limits are averaged over the order processing time plus the Post or other carrier delivery time.

Should, after order confirmation, one or more products be unavailable, the Customer shall be informed by telephone and through e-mail confirmation, or exclusively by e-mail, at the earliest opportunity. The replenishment lead time shall be mentioned in the e-mail.

If replenishment is not possible, the Company shall offer the Customer to provide a replacement product of at least equivalent quality. The Customer will have the option, by return e-mail, of (i) accepting the replacement product or (ii) cancelling the order section concerning the unavailable product.

Delivery dates are indicative and cannot, in any circumstances, be guaranteed. In any case, products are transported at the risk and peril of the Customer, whose responsibility, in the event of damage or missing item, it is to make any necessary observation and to confirm its reserves by extra-judicial documents or by registered letter with acknowledgement of receipt to the carrier within the two days following the reception of the goods.

Article 5. Withdrawal and exchange

In accordance with articles L. 121-20 and following the French Consumer Code, the Consumer has a time limit of 14 working days from the delivery date of the order to return products not being convenient for him/her and ask for exchange or refund without penalty, with the exception of the expenses of return (except tailored and/or customized products).

The ordered product/s must be returned in perfect conditions, in their original undamaged packaging with all accessories.

Return transport costs in the event of withdrawal will be the responsibility of the Customer, EXCEPT in the case of a mistake by the Company, when shipping costs will be refunded to the Customer upon presentation of the invoice (actual costs). Freight collect or cash on delivery returns are refused. Beyond a period of 7 working days no merchandise return will be accepted.

Any package non collected at the Post office within 15 working days will result in a refund of the order, except for the shipping costs that will be the responsibility of the Customer.

After receipt and acceptance of the returned product, the Company will refund the Customer by money transfer, check or on credit card (depending on the payment method used) within 14 days.

In all correspondence and to properly handle the withdrawal request, the Customer must give the order number if an invoice has been submitted, provide complete contact details and the reasons of his/her exchange or refund request.

Article 6. Intellectual property

In discharging the duties of the Company under the contract, the Customer will provide the Society with everything needed for the fulfilment of their services and grants the Society, for the service period and for the whole world, a non-exclusive and revocable right to use its messages, images, commercial reasons and trademarks as well as other intellectual property rights on them.

All documents and information, analyses, studies and in general all elements related to products and/or services directly or indirectly submitted or made available to the Customer by the Society, recorded in any form under the current contract, are exclusive of any transfer of ownership to the Customer's benefit.

The Customer agrees not to use and/or not to use for other purpose than the strict application of the services all or part of the above-mentioned elements.

Article 7. Payment

Invoices are payable within 30 days of receipt.

Payments can be made by bank transfer, administrative remit or international postal order to the following bank account:

 

Account holder: SARL THX MEDICAL
Domiciliation: CE RHONE ALPES
RIB: 13825 00200 08771426272 36

IBAN: FR76 1382 5002 0008 7714 2627 236
BIC: C E P A F R P P 3 8 2

The payment by banking check is only accepted for checks in Euros issued by a bank based in France. In the event of payment by check, the check collection will be made on receipt of the check.

Checks shall be made payable to THX MEDICAL, and sent to the following address:

125 Impasse du belvedere

69280 MARCY L’ETOILE

 

It is also possible to pay securely online by credit card using Paypal.

If the Customer places an order to the Company, without having paid the previous order/s, the Company may refuse to honour an order, without the Customer having any claim to compensation.

Article 8. Liability

8.1. Limitation of liability

The Company commits, in accordance with its obligations of means under the contract, to discharge these obligations complying with French regulations and usual professional practice.

Nevertheless, the responsibility of the Company cannot be engaged for any indirect loss or damage incurred by the Customer, for example, as a result of a slow access to internet network, absence of verification by the Customer of elements, information, documents, goods or products provided to him in any form, before service fulfilment.

The Company cannot in any circumstances be held responsible for any loss of profits, commercial loss, data loss, revenue loss or any other indirect damage that could not be foreseen at the moment of definitive conclusion of the contract.

In any case, if the Company is held liable, the total amount of compensation due by the Company for all its breaches shall not, under any circumstances, exceed the pre-tax amount actually received by the Company for the services fulfilment.

The Customer acknowledges and agrees therefore that it is his/her responsibility to subscribe an insurance against all the risks he/she, at his/her sole discretion, may consider appropriate taking into account his/her specific situation and the terms of the current Contract.

The limitation of liability referred to above is inapplicable in the event of fraud or serious misconduct of the Company. This provision remains in effect even in the event of withdrawal or judicial resolution of the contract.

8.2. Force majeure

The Company cannot be held responsible for a partial or total non-fulfilment of its obligations due to force majeure.

The Parties expressly agree that are considered as force majeure events, in addition to those usually retained by the French Supreme Court case law, social conflicts, adverse weather, epidemics, natural disasters, water damages, floods, earthquakes, fires, interruption of power supply, interruption or malfunctioning of transport facilities or of procurement and/or telecommunications networks for any reason, war, civil riots, decisions by the public authorities or by any other competent authority, legislative or regulatory changes, and any other events outside the control of the parties preventing the effective services fulfilment, or the delivery of the goods, objects of the Contract.

The events of force majeure suspend the discharge of obligations arising from the Contract for the party invoking them without prejudice or compensation for the other party. If force majeure events persist beyond three (3) months, the Contract may be terminated by either of the parties without compensation for the other party.

Article 9. Information Technology and Freedom

La Société déclare disposer de l’ensemble des autorisations légales et administratives requises pour l’exécution du présent contrat et, en particulier qu’elle a respecté et respectera les dispositions de la loi du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, concernant la création de pages web et la gestion et le traitement de données nominatives.
Le Client s'engage à respecter l'ensemble des dispositions de la loi du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés dans le cadre de l'utilisation des services proposés par la Société et, notamment, dans le cadre de l'utilisation des données nominatives auxquelles il peut avoir accès.
Conformément aux dispositions de la loi du 6 janvier 1978 relative à l'informatique, aux fichiers et aux libertés, le Client dispose d'un droit d'accès, de modification, de rectification, et de suppression des informations nominatives qui le concernent.

Article 10. Various provisions
10.1. Default interest

All sums left unpaid upon maturity shall result in the application of a late-payment interest corresponding to two times the legal rate of interest applicable on the day of late payment ; these penalties can be requested by right without any formal notice to the Customer.

Moreover, if the Company implements an action to ensure the recovery of sums due, all fees and other expenses incurred in the proceedings, fixed to a minimum charge of 2,000 €, are to be paid in full right by the customer without prejudice of possible damages and interests.

In addition, if the Company has good or specific grounds to fear cessation of payments or insolvency of the Customer or if the Customer does not provide on the service fulfilment date the same financial guarantees he/she had on the date of order, the Company may subject service fulfilment or continuation of all or part of current contracts to guarantees to its benefit (for example a joint surety) informing the Customer by registered letter with acknowledgement of receipt.

10.2. Assignment of rights

The Company is entitled to assign its rights and obligations under this Contract, subject only to written notification to the Customer.

The Company may assign all or part of the obligations under this Contract, subject only to written notification to the Customer about this assignment.

10.3. Invalidity

If one or more provisions of the Contract are found invalid or held to be such under any law, regulation or following a final decision of a competent court, other provisions shall remain in full force and scope.

10.4. Independence of the parties

It is expressly agreed that the Contract, and any possible use of documents, irrespective of their form, does not imply between the parties any link or connection other than those contractually agreed. Neither party may make commitments in the name of and/or on behalf of the other. With regard to third parties, each party is solely responsible for acts and performances resulting from the Contract.

10.5. Non waiver

The fact that one of the parties does not call on a failure by the other party in complying with any of the obligations under the current contract shall not be construed as a waiver of the obligation in question.

10.6. Applicable law

The Contract is governed by French law, both for basic rules and for rules governing their form.

For contracts concluded with traders under the French Commercial Code, the Commercial Court of Lyon shall entertain sole jurisdiction for dealing with all litigation relating to application, interpretation, and fulfilment of contract, notwithstanding guaranteed appeal or plurality of respondents.

SHIPPING COSTS

Shipping costs shall be added to the order amount. They are calculated according to the total weight of the ordered product.