General terms and Conditions

1. Who are we?

TMC-Hervé Theillol

37 Chemin des Ribbes
63300 THIERS FRANCE
Tel: (+ 33) (0) 6 68 33 76 98

SIRET 532 987 260 00017

VAT: FR 18 532987260

CMA of the Puy-de-Dôme

2. Object

The purpose of these general terms and conditions of sale is to inform any consumer on the terms and conditions in which TMC proceeds with the sale and delivery of the ordered products and, on the other hand, to define the rights and Obligations of the Parties in connection with the sale of products by TMC to the consumer.

These general Conditions of sale apply, without restriction or reservation, to all sales, by TMC, of the products proposed on its website "TMC-COUTEAUX.FR".
If a condition were to be lacking, it would be considered to be governed by the uses in force in the mail-order sector. All other conditions shall be binding on the seller only after the written order has been confirmed.
If one or more stipulations of the present general conditions of sale are held for invalid or declared as such pursuant to an Act, a regulation or following a final decision of a competent court, the other Stipulations will keep all their scope and strength.
As a result, the fact that any person orders a product offered for sale on the TMC site has full acceptance of these general terms and conditions of sale which the customer acknowledges having previously read his order.

The products are offered for sale on the world geographical territory.

The customer prior to his order, declares that:

• The purchase of products is not directly related to its professional activity and is limited to strictly personal use,
• Have full legal capacity, allowing them to commit themselves under these general conditions of sale.

TMC reserves the right to change the present general conditions of sale at any time and without notice. These changes are then applicable to any subsequent orders.

The customer makes his personal business of setting up the computer and telecommunications means allowing access to the TMC site. The customer retains the costs of telecommunication when accessing the Internet and when using the site.

3. Provisions applicable to past orders and contracts concluded.

The fact for a user to complete the order form appearing on the site and to confirm this order is worth full acceptance of these general Conditions, only applicable.

3.1-order Confirmation and conclusion of contract

The TMC site contains at any time a commercial proposal for the sale of products, which is not considered legally as a permanent offer. Thus, as will be explained below, the conclusion of a contract will only be made in case of confirmation of order by TMC.
After validating the payment (i.e. on the date of receipt of the settlement for cheques, bank transfers and postal orders, and from the debit date of the customer’s account for bank cards), the order is deemed accepted by TMC.
TMC will then confirm the acceptance of the order to the user, at his choice by one of the following means: e-mail, telephone or postal mail. This confirmation, or if necessary, the refusal to accept an order will thus be confirmed to the user no later than 24 working hours after the receipt of an order.

3.2-right of withdrawal and cancellation of order

In accordance with article L121 of the consumer Code, the customer has a withdrawal period of 7 free days from the delivery of his order, which will be reimbursed to him against the return of the products delivered in their original packaging and in their original state.

Before any return, it is necessary to ask us for a return number by mail otherwise TMC may refuse the customer’s parcel.
The exercise of the right of withdrawal will give rise to the choice of the Client:
-or a refund by cheque
-or to the award of a purchase voucher under the conditions set out below.

Products damaged, incomplete, damaged or soiled by the customer are not included. The products returned in this state remain at the customer’s disposal at TMC, however, no reimbursement can be envisaged.
In addition, TMC reserves the right to refuse a future order from the customer.

The return of the products is carried out at the customer’s expense, risks and perils. The references”carriage paid by the recipient” are refused. We recommend that you send the product as recommended at the address listed in the first paragraph of the general terms of sale.
Beyond the legal deadline, the customer cannot cancel his order unless the amount indicated in the order confirmation by TMC exceeds by more than 5% the price indicated on the site for the products, the transport and the delivery. In this case, the order cancellation must be sent by e-mail to TMC no later than the day after the customer receives the order confirmation.
No unilateral order cancellation will be accepted without TMC’s agreement.

3.3-General Conditions of reimbursement

Subject to the provisions of § 3.2 above, any reimbursement at the expense of TMC will be made in the form of a purchase voucher to be claimed on our site.

In all cases, TMC will communicate when the purchase order is awarded by e-mail:
-Its validity period
-Its amount

Unless otherwise stated, during its period of validity, the customer may request by e-mail or by mail to turn this purchase voucher into a refund.
This refund will take place in priority by cheque. For any other means expressly accepted by TMC, the costs inherent will be the exclusive responsibility of the customer.

In the case of partial use of the purchase voucher, the remainder will remain available to the customer under the same conditions as the original. A voucher will be considered used in the case of a partial use or a refund request.
By the very fact of using this purchase voucher, the customer undertakes the honour not to make any objection or opposition to his bank or other, to the transaction affected by the refund, and agrees not to do so within a period of one year following The use of the purchase voucher.

The customer acknowledges that any breach of this obligation would expose him to surrender of the amount unduly collected, without prejudice to any damages that may be claimed by TMC.

3.4-Contracted order changes

Any changes to the orders and any ancillary or derogatory terms regarding the subject matter and the terms of the sale are valid only insofar as they appear in the offer of the site or the confirmation made by TMC.

Any clause emanating from the customer, not accepted in writing by TMC and which would be in opposition to the present general conditions or particulars defined in the price offer shall be considered void.

3.5-Price

The price list on the TMC site is not a sale. At any time it can be changed unilaterally without prior information.
The products are charged at the price agreed by the order confirmation within the limits of the general economic conditions (value added taxes,…) and the stocks available and subject to a possible mistake.

All prices are net, in Euros, ex-works. The cost of packing, transport and insurance is the responsibility of the customer.

The customer may, at his express request, obtain the invoice to the billing address and not the delivery address by validating the option provided on the purchase order.

Delivery charges:
Free carriage from: €200
Delivery for Metropolitan France: + €6.50
Delivery DOM-TOM: + €10.50
EEC Delivery (Switzerland included): + €14.50
Other Destination: Pleas consult TMC

3.6-Payment

Payments must be made to the order by bank transfer, mailing of a cheque unless specific conditions of TMC granted in writing to the customer.

The total amount of the order will be cashed by TMC at the time of the orders’ validation or in the case of payment by cheque, or transfer, upon receipt.

At no time will the sums paid be considered as deposits.

For cheques, TMC accepts French bank or postal cheques.
In the event of a difference in name and address between the customer and the holder of the cheque, TMC reserves the right to accept the sale to ask the customer to justify his identity and his place of residence.

TMC reserves the right to request, in a discretionary manner and in order to accept the sale, a bank cheque to the customer in the event that the sums committed are significant.
The costs of bank transfers or mandates are the responsibility of the customer

The products remain the property of TMC until the full payment of the sums due during the confirmation of order by TMC.

TMC reserves the right to suspend or cancel any order and/or delivery, regardless of their nature and level of performance, in the event of non-payment of any amount owed by the customer, or in the event of a payment incident.
The customer declares that the full amount of the Bailiff’s procedure or any other disbursements necessary for the execution of the payment will remain entirely his responsibility.
In the context of the fight against Internet fraud, the information relating to the customer’s order can be forwarded to third parties of confidence for verification.

4. General Obligations of the parties

The fact that one party does not avail itself of a breach of the other party to any of the obligations referred to in these general conditions of sale cannot be construed for the future as a waiver of The obligation in question.

4.1-TMC Bonds

TMC undertakes, in the event of acceptance of an order, to sell and have the products ordered by the customer delivered to the address provided by the Client.
TMC agrees to deliver the ordered products to the carrier no later than 2 weeks after acceptance of an order, unless otherwise specified in the order confirmation.
In case of unavailability of the ordered product, TMC will inform the customer at the earliest.

4.2-Customer’s Obligations

The customer’s breach of his payment obligations, for any reason whatsoever, gives the seller the right to demand the immediate return of the goods delivered at the customer’s expense, risks and perils.
The customer agrees to indicate to TMC the delivery address during the working hours. The customer agrees to pay the specified price for the TMC service and confirmed by TMC.

The customer also agrees to pay the customs duties and other taxes related to the importation of the goods in the country of the place of delivery.

The customer agrees to have full knowledge of the laws and regulations of the country of the place of delivery governing the importation and the possession of the products for sale on the site of TMC (outside of metropolitan France).

5. Warranties and Limitations

5.1-Guarantees

TMC warrants that all necessary care has been brought to the products’ compliance with its description on the site on the date of the order.
TMC guarantees against all hidden manufacturing defects its products. The guarantee does not include the risks during the transport to and from the order.

5.2-Limitations

TMC’s warranty is limited to the repair or replacement in value of the defective goods by TMC, taking into account the use that has been made of it and this to the free choice of TMC.

Subject to the legal provisions, TMC’s liability is strictly limited to the obligations set out in these terms or, where applicable, to the express terms.

Any risk associated with the return of the product remains the responsibility of the customer. TMC cannot guarantee that the products meet a specific expectation of the customer.
In any event, whatever the possible reason for the questioning of TMC’s liability, it is limited to the price paid for the order.

The products proposed are in conformity with the French legislation in force.
TMC’s liability cannot be incurred in the event of non-compliance with the legislation of the country where the products are delivered. It is up to the customer to check with the local authorities on the possibilities of importing or using the products he intends to order.

The photographs, graphics and descriptions of the products offered for sale are not contractual. They are only indicative and do not engage TMC.

Express Convention, in case of force majeure or events such as lockout, strike, total or partial stoppage of work at TMC or its suppliers, epidemic, war, requisition, fire, flood interruption or delay in transport, measures Legal or administrative provisions preventing, restricting, delaying or prohibiting the manufacture or exportation of the goods, TMC shall be relieved of all responsibility. TMC will keep the Client informed in a timely manner, cases and events listed above.

TMC’s liability shall not be incurred for any inconvenience or damage inherent in the use of the Internet, including breach of service, external intrusion, presence of computer viruses, or any fact described as Force majeure, in accordance with the jurisprudence.
TMC also reserves the option of not registering a payment and therefore not confirming an order for any reason whatsoever, particularly with regard to a problem of available stock or supply of raw material, a problem about the order received, or a foreseeable problem with the port to be carried out.

6. Claims and after-sales service.

6.1-Claims

Upon receipt of the goods, the customer must immediately check their condition and their compliance with the contract.

If the package is damaged, in case of a product not complying with the order (defective or non-conforming), the customer must make his claim within 7 days of the signature of the delivery sheet in writing, in registered letter with Acknowledgement of receipt.

The products returned: Any risk related to the return of the product is the responsibility of the customer. Without written and recommended claims within 7 days, TMC is discharged from liability and will not exchange or refund any of the products so ordered.

6.2-After-sales Service

1st thing is to ask us a return number by mail or phone.
Choose a suitable package in dimension; Wrap the product in a shock-absorbing material and put the product to avoid movement in the package.
On a letter please specify your return address, your return number, your problem.

Register our complete address on the parcel very legibly:
TMC
37 Chemin des Ribbes
63300 THIERS-FRANCE

Return parcel tracking is not provided by TMC.
The cost of port and return, as well as the risks and perils of transport are the responsibility of the customer.
If you send us a parcel without asking us for a return number, your parcel may be refused.

The return of the goods due to misconduct (this excludes the return of goods due to the 7-day withdrawal period or for any other non-contractual reason) is carried out at TMC’s expense within 3 months of the invoice date. Any risk associated with the return of the product is the responsibility of the customer.

7. The protection of intellectual property rights.

The denominations, trade names, photos, texts or trademarks present on the TMC site remain the exclusive property of TMC and their respective licensees.
Any partial or total reproduction of the TMC site (photographs, texts), without the express and prior consent of TMC is prohibited (except for family use).
However, TMC allows the creation of hypertext links to its website.

8. Assignment of jurisdiction.

This contract is subject to the French law. The language of this contract is the French language.

In all cases, the online supply of the credit card number and the final validation of the order shall be proof of the entire order in accordance with the law of 13 March 2000 and shall be chargeable to the sums incurred by the seizure of the articles On the purchase order.

This validation equals a signature and express acceptance of all operations performed on the TMC site.