1. Qui sommes nous ?

TMC – Hervé Theillol

SIRET  532 987 260 00017

TVA : FR 18 532987260

CMA du Puy-de-Dôme

2. Purpose

The purpose of these general terms and conditions of sale is, on the one hand, to inform any potential consumer about the terms and conditions under which TMC carries out the sale and delivery of the ordered products, and to define the rights and obligations of the parties in connection with the sale of products by TMC to the consumer.

These General Terms and Conditions of Sale apply, without restriction or reservations, to all sales, by TMC, of products offered on its website «TMC-COUTEAUX.FR».
If a condition was to fail, it would be considered to be governed by the practices in force in the Mail-Order sector. All other conditions bind the seller only after confirmation of the seller’s written order.
If one or more stipulations of these general conditions of sale are held invalid or declared as such under a law, regulation or following a final decision of a competent court, the other stipulations will retain their full scope and strength.
Consequently, the fact for any person to order a product offered for sale on the TMC website implies full acceptance of these general terms and conditions of sale which the Customer acknowledges having read before his order.

The products are offered for sale in the global geographical territory.

Prior to ordering, the Customer declares that:

• he purchase of products is not directly related to his professional activity and is limited to strictly personal use,
• have full legal capacity, enabling it to commit to these general terms and conditions of sale.

TMC reserves the right to modify these general terms and conditions of sale at any time and without prior notice. These changes are then applicable to all subsequent orders.

The Customer is personally responsible for setting up the IT and telecommunications facilities that allow access to the TMC site. The Customer shall bear the costs of telecommunications when accessing the Internet and when using the Website.

3. Provisions applicable to orders placed and contracts concluded.

The fact that a user completes the ‘Purchase Order’ appearing on the site and confirms this order constitutes full acceptance of these General Conditions, only applicable.

3.1 – Order confirmation and conclusion of the contract

The TMC website contains at all times a commercial offer for the sale of products, which is not legally considered a permanent offer. Thus, as will be explained below, the conclusion of a contract will only take place in the event of an order confirmation by TMC.
After validation of the payment (i.e. on the date of receipt of the payment for cheques, bank transfers and postal orders, and from the date of debit 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 applicable, the refusal of acceptance of an order will be confirmed to the user no later than 24 working hours after receipt of an order.

3.2 – Right of withdrawal and cancellation of order

In accordance with Article L121-16 of the French Consumer Code, the Customer has a withdrawal period of 7 clear days from the delivery of his order which will be refunded against 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 email otherwise TMC may refuse the customer’s package.
The exercise of the right of withdrawal will give rise to the choice of the Customer:
– either to a refund by cheque
– or the awarding of a purchase order under the conditions set out below.

Products damaged, incomplete, damaged or soiled by the Customer are not taken back.
In addition, TMC reserves the right to refuse a subsequent order from the Customer.

The return of the products is carried out at the Customer’s expense, risk and peril. Returns “postage paid by the consignee” are refused. We advise you to send the product by registered mail to the address given in the first paragraph of the General Conditions 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 products, transport and delivery. In this case, the cancellation of the order must take place by e-mail addressed to TMC no later than the day following the receipt by the customer of the order confirmation.
No unilateral order cancellation will be accepted without the agreement of TMC.

3.3 – General Conditions of Repayment

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

In all cases, TMC will communicate when awarding this purchase order by e-mail:
– its period of validity
– its amount

Unless otherwise stated, during its period of validity, the Customer may request by email or mail to transform this voucher into a refund.
This refund will be made first by cheque. For any other means expressly accepted by TMC, the inherent costs will be the exclusive responsibility of the Customer.

In case of partial use of the purchase order, the remainder will remain available to the Customer under the same conditions as the original credit. A purchase order will be considered to be used in the event of even partial use or a refund request.
By the very fact of using this purchase order, the Customer undertakes on honour not to lodge a dispute or opposition with his bank or other, to the transaction concerned by the refund, and agrees not to do so within one year of the use of the purchase order.

The Client acknowledges that it is aware that any breach of this obligation would expose it to retrocession of the amount unduly collected, without prejudice to any damages that may be claimed by TMC.

3.4 – Changes to contracted orders

Any changes to the orders and any ancillary or derogatory conditions as regards the object and the terms of the sale are valid only to the extent that they appear in the offer of the site or the confirmation made by TMC.

Any clause from the Customer, not accepted in writing by TMC and which would be in opposition to the present general conditions or particularities defined in the price offer will be considered null..

3.5 – Pricing

The price list on the TMC website doesn’t constitute a sale. At any time, it may be changed unilaterally without prior notice.
The products are invoiced at the price agreed by the order confirmation within the limits of the general economic conditions (value added taxes, etc.) and available stocks and subject to any error.

All prices are net, in Euros, ex works. The costs of packing, transport and insurance are the responsibility of the Customer.

The Customer may, at his express request, obtain the sending of the invoice to the billing address and not to the delivery address by validating the option provided for this purpose on the order form.

Delivery costs:
Free shipping from : 200 €
Delivery costs for metropolitan France: + 6.50 €
Delivery costs for EEC (including Switzerland) + DOM: + 14.50 €

TOM delivery costs+ other destinations: + 30.00 €

3.6 – Payment

Payments must be executed upon order by bank transfer, postal dispatch of a cheque, Paypal or credit card unless specific TMC conditions granted in writing to the Customer.

The collection of the entire amount of the order will be carried out by TMC at the time of validation of the order or in case of payment by check, or transfer, at the time of its reception.

At no time may the sums paid be considered as deposits or 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 cheque holder, TMC reserves the right to accept the sale to ask the Customer to prove his identity and his place of residence.

TMC reserves the right to request, on a discretionary basis and in order to accept the sale, a bank cheque from the Client in the event that the amounts committed are significant.
Charges for bank transfers or money orders are borne by the client.

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

TMC reserves the right to suspend or cancel any order and/or delivery, whatever their nature and level of execution, in the event of non-payment of any amount that would be due by the Customer, or in the event of a payment incident.
The Customer declares to be aware that the full costs of the bailiff’s procedure or any other disbursements necessary for the forced execution of the payment will remain entirely at its expense.
As part of the fight against fraud on the Internet, information relating to the Customer’s order may be transmitted to trusted third parties for verification.

4. General obligations of the parties

The fact that one of the parties does not rely on a breach by the other party of any of the obligations referred to in these general terms and conditions of sale cannot be interpreted as a waiver of the obligation in question for the future.

4.1 – TMC Obligations

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 Customer.
TMC undertakes to deliver the ordered products to the carrier no later than 2 weeks after acceptance of an order, unless specifically stated in the order confirmation.
In case of unavailability of the ordered product, TMC will inform the Customer as soon as possible.

4.2 – Client’s obligations

The non-performance by the Customer of its payment obligations, for any reason whatsoever, confers to the seller the right to demand the immediate return of the goods delivered at the Customer’s expense, risk and peril.
The Customer compromises to inform TMC of the delivery address during business hours. The Customer agrees to pay the price stipulated for the provision of TMC and confirmed by TMC.

The Customer also undertakes to pay customs duties and other taxes related to the importation of the products into 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 import and holding of the products for sale on the TMC site (outside Metropolitan France).

5. Guarantees and Limitations

5.1 – Guarantees

TMC guarantees that all the necessary care has been brought to the conformity of the product with its description which appears on the site on the date of the order.
TMC guarantees against all hidden manufacturing defects its products. The warranty does not include the risks during the back and forth transport of the order.

5.2 – Limitations

TMC’s warranty is limited to the repair or replacement in value of the goods found to be defective by TMC, taking into account the use made of them, and this at TMC’s discretion.

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

Any risk related to the return of the product remains the responsibility of the Customer. TMC cannot guarantee that the products meet a specific expectation of the Customer.

The products proposed comply with the French legislation in force.
TMC cannot be held liable in the event of non-compliance with the legislation of the country where the products are delivered. It is the Customer’s responsibility to verify with the local authorities the possibilities of importing or using the products he intends to order.

Photographs, graphics and descriptions of the products offered for sale are not contractual. They are only indicative and do not bind TMC.

Express agreement, in case of force majeure or events such as lockout, strike, total or partial work stoppage at TMC or its suppliers, epidemic, war, requisition, fire, flood interruption or delay in transport, legal or administrative measures preventing, restricting, delaying or prohibiting the manufacture or export of the goods, TMC is relieved of any liability. TMC will keep the Customer informed in a timely manner of the above listed cases and events.

TMC cannot be held liable for any inconvenience or damage inherent in the use of the internet network, in particular a breakdown of the service, an external intrusion, a presence of computer viruses, or any fact qualified as force majeure, in accordance with case law.
TMC also reserves the right not to register a payment and therefore not to confirm an order for any reason whatsoever, due in particular to a problem of available stock or supply of raw material, a problem with 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 status and compliance with the contract.

If the package is damaged, in the event of a product not complying with the order (defective or non-compliant), the Customer must make his complaint within 7 days from the signature of the delivery slip in writing, by registered letter with acknowledgement of receipt.

Returned products: Any risk related to the return of the product is the responsibility of the Customer. Without written and recommended complaints within 7 days, TMC is relieved of any responsibility and will not make any exchange or refund of the products so ordered.

6.2 – After Sales Service

First of all, ask us for a return number by email or phone.
Choose a suitable package in size ; pack the product in shock absorbing material and wedge the product to prevent movement in the package.
On a letter, tell us your return address, your return number, your problem.

Clearly write our complete address on the package:
TMC
37 chemin des Ribbes
63300 THIERS – FRANCE

Return packages are not tracked by TMC.
The round trip shipping costs, as well as the risks and perils of the transport are the responsibility of the Customer.
If you return a package to us without having asked us for a return number, your package may be refused.

The return of the goods due to malfeasance (this excludes the return of goods due to the withdrawal period of 7 days or for any other reason outside the contractual warranty) is carried out at the expense of TMC within 3 months after the invoice date. Any risk related to the return of the product shall be borne by the Customer.

7. Protection of intellectual property rights.

The names, trade names, photographs, texts or trademarks presented on the TMC website remain the exclusive property of TMC and their respective owners.
Any partial or total reproduction of the TMC site (photographs, texts), without the express and prior agreement of TMC is prohibited (except for family use).
However, TMC allows the creation of hyperlinks to its website.

8. Assignment of jurisdiction.

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

n all cases, the online supply of the credit card number and the final validation of the order will be proof of the completeness of the said order in accordance with the law of March 13th, 2000 and will be due for the sums committed by the seizure of the articles appearing on the purchase order.

This validation constitutes the signature and express acceptance of all operations carried out on the TMC site.