GTC | THYRS - Shop
Terms of Sales
www.thyrsparis.com is published by THYRS SAS, a simplified joint-stock company with capital of €10,000, whose registered office is at 4 rue Reinhardt 92100 Boulogne-Billancourt, registered with the Nanterre Trade and Companies Register under number 881 390 975, including intra-community VAT number FR79 881390975 (hereinafter “THYRS”).
I. APPLICATIONS OF THE GENERAL CONDITIONS OF SALE
The general conditions of sale (the "GTC") detailed below apply to all orders for products and services placed via the Site (the "Products") with THYRS by any person (the "Customer").
The Customer must read the T&Cs prior to any order (the "Order"), the T&Cs being available on the Sites.
THYRS reserves the right to adapt or modify these T&Cs at any time. The version of the T&Cs applicable to any sale being the one appearing online on the www.thyrsparis.com site at the time of the Order. Consequently, the fact of placing an Order requires the full prior and unreserved acceptance of the T&Cs by the Customer by clicking on the button "I have read and I accept the general conditions of sale".
II. INFORMATION ON THE SITE AND ACCESSIBILITY OF THE SITE
www.thyrsparis.com are e-commerce sites owned and operated by THYRS .
The Sites are accessible to all users of the Internet network in principle 24 hours a day, 7 days a week, except for interruption, scheduled or not, by THYRS or its service providers, for the purposes of its maintenance and/or security or in the event of force majeure (as defined below). THYRS cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Site.
THYRS does not guarantee that the Site will be free from anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this regard, he may freely and at his entire discretion determine any period of unavailability of the Site or its content. THYRS cannot be held responsible for problems with data transmission, connection or unavailability of the network.
THYRS reserves the right to make the Site evolve, for technical or commercial reasons. When these modifications do not substantially and negatively alter the conditions of the provision of services, the Client may be informed of the modifications made, but his acceptance is not requested.
III. REGISTRATION ON THE SITE
To be able to place an Order, the Customer must first register on the Site by creating an account containing the Customer's information (the "Account").
The Customer's registration on the Site is validated by THYRS after verification of the standard form completed by the Customer. The Customer receives a registration confirmation email.
When creating his Account, the Customer must ensure the accuracy and completeness of the data he provides. The Customer is required to always update his personal information. In the event of an error in the wording of the recipient's contact details, THYRS cannot be held responsible for the impossibility of delivering Products.
By registering on the Site, the Customer declares and guarantees to THYRS that he is of legal age and has the legal capacity to contract.
THYRS may delete Customer's Account at any time, for any reason, in its sole discretion.
The Products offered for sale are those described on the Site on the day the Customer consults the Site, within the limits of available stocks. These indications are updated automatically in real time. However, an error in the update, whatever its origin, does not engage the responsibility of THYRS. As such, THYRS cannot be held responsible for the cancellation of an Order for a Product due to the exhaustion of stocks.
THYRS takes the greatest care in the presentation and description of its Products to best satisfy the Customer's information. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
THYRS does not guarantee the accuracy or security of information transmitted or obtained through the Site.
It is possible that the Customer receives following an Order a part previously returned by another person. It is specified that THYRS only accepts the return of undamaged and unworn Products, these two conditions being checked before returning the returned Products to stock.
Order taking on the Site is subject to compliance with the procedure put in place by THYRS on the Site comprising successive stages leading to the validation of the Order.
The Customer can select as many Products as he wishes which will be added to the basket (the "Basket"). The Basket summarizes the Products chosen by the Customer as well as the prices and costs relating thereto. The Customer may freely modify the Basket before validating his Order. The validation of the Order constitutes confirmation of the acceptance by the Customer of the GCS, the Products purchased, their price as well as the associated costs.
A confirmation email summarizing the Order (Product(s), price, availability of the Product(s), quantity, etc.) will be sent to the Customer by THYRS . To this end, the Customer formally accepts the use of e-mail for confirmation by THYRS of the content of his Order. Invoices are available in the "my account" section of the Site.
VI. REFUSAL TO PROCESS AN ORDER
THYRS reserves the right to withdraw at any time any Product displayed on the Site and to replace or modify any content or information appearing on the latter. Despite the best efforts of THYRS to meet the expectations of its customers, it may be necessary for the latter to refuse to process an Order after having sent the Customer the confirmation email summarizing the Order.
THYRS cannot be held liable to the Customer or a third party for the harmful consequences of the withdrawal of a Product from the Site, or the replacement or modification of any content or information appearing on this Site, or even the refusal to process an Order after the sending the confirmation email summarizing the Order.
THYRS also reserves the right to refuse or cancel an Order from a Customer with whom it has a dispute over the payment of a previous order or an objective suspicion of fraud.
VII. PRICES AND TERMS OF PAYMENT
The prices of the products are indicated on the Site in euros for Europe, in pounds sterling for Great Britain and in American dollars for the United States, including VAT, but excluding customs fees and other taxes. Customs charges and other taxes must be paid by the Customer directly to the carrier.
All prices displayed are calculated and include value added tax (VAT) applicable in France.
THYRS reserves the right to modify its prices at any time, but the Products will be invoiced on the basis of the prices in force at the time of registration and payment of the Order, subject to availability.
The Products are payable in cash when the actual Order is placed.
Payment for purchases is made either via Paypal or via the secure platform of our payment service provider STRIPE.
Paypal (Europe) S.à.rl et Cie, is a Luxembourg partnership limited by shares, registered with the RCS of Luxembourg under number B118349, whose registered office is located at 22-24, Boulevard Royal – L-2449 Luxembourg. For any information, the Customer can consult the following website: https://www.paypal.com.
Stripe is an American company, whose head office is located at 510 Townsend Street, San Francisco, CA 94103, USA. For any information, the Customer can consult the following website: https://www.stripe.com
The Customer expressly acknowledges that the communication of his bank card number to THYRS constitutes authorization to debit his Account up to the price of the Products ordered. If applicable, an Order cancellation notification for non-payment is sent to the Customer by THYRS on the email address provided by the Customer when registering on the Site.
The data recorded and stored by THYRS constitute proof of the Order and of all past sales. The data recorded by Paypal or Stripe constitutes proof of any financial transaction between the Customer and THYRS.
Deliveries are provided by third-party services from Monday to Saturday, depending on the option chosen by the Customer when validating his Order.
Delivery means the transfer to the Customer of physical possession of the Products (the “Delivery”).
The Delivery costs applicable to the Order are those mentioned on the Site at the time of the Order in the “Delivery and returns” section.
When THYRS takes care of the delivery of the Product, the risk of loss or deterioration of the Product is transferred to the Customer at the time of Delivery.
As an exception, the risk is transferred to the Customer when the Product is handed over to the carrier when the latter is responsible for transport by the Customer and not by THYRS .
Delivery is made to the delivery address indicated by the Customer, it being specified that this must be the residential address of the Customer, of a natural person of his choice or of a legal person (delivery to his company ). Delivery cannot be made to hotels or to PO boxes.
If it is impossible to carry out the Delivery, due to an incorrect delivery address or the absence of collection by the Customer of his Order from the selected collection point or from Chronopost, no reshipment can be carried out and the Customer will be refunded within five (5) days of receipt of the Order by THYRS .
THYRS delivers the Orders within a maximum period of twelve (12) working days for a Delivery in Metropolitan France and twenty (20) working days for an international Delivery, this period being counted from the first working day after the validation of the Command (note that THYRS does not deliver the Products to the following countries: Morocco, Brazil, Taiwan, South Korea, United Arab Emirates). The day after a collection is put online and from November 23 to December 31, the Delivery time may be increased by ten (10) days, given the large and exceptional volume of Orders.
In order for these deadlines to be respected, the Customer must ensure that he has communicated exact and complete information concerning the Delivery address (such as, in particular: street number, building number, staircase number, access, names and/or intercom numbers, etc.).
THYRS can not be held responsible for the delay in delivery not being its fault or justified by a case of force majeure (as defined below).
If the Delivery time is exceeded, the Customer may request the cancellation of the sale and obtain, within a maximum period of fourteen (14) days of his request to this effect, the reimbursement of the sums paid on the occasion of the Order. Notwithstanding the foregoing, THYRS cannot be held responsible for the harmful consequences resulting from a delay in delivery, only reimbursement of the Product by THYRS being possible to the exclusion of any other form of compensation.
IX. RIGHT OF WITHDRAWAL - REFUNDS AND RETURNS
9.1. Deadline and procedures for exercising the right of withdrawal
In accordance with article L.221-18 of the Consumer Code, the non-professional Customer has a period of fourteen (14) days from receipt of the Order to exercise his right of withdrawal from THYRS , without having to justify its decision.
Exercising the right of withdrawal can be done either by logging into your customer account in the "order" section, or by using and sending the model withdrawal form appearing in the appendix to the General Terms and Conditions of Sale, by mail, to the following address: THYRS – Service returns – 4 rue Reinhardt 92100 Boulogne-Billancourt, France, or by email at firstname.lastname@example.org.
9.2. Terms of return of the Order under the right of withdrawal
The right of withdrawal is exercised without penalty.
The Customer returns the Order within fourteen (14) days following the communication of his decision to withdraw in accordance with Article L. 221-21 of the Consumer Code. Beyond this period of fourteen (14) days, the sale is firm and definitive.
The Product must be returned in its original packaging, in its original condition, new, unworn, unwashed. To make a return, the Customer must follow the procedure indicated on the return form received with his Order.
The return of the Products is the responsibility of the Customer and is at his risk.
9.3. Reimbursement of Products returned under the right of withdrawal
Reimbursement of the Order by THYRS takes place no later than fourteen (14) days from the date on which it is informed of the Customer's decision to withdraw.
However, reimbursement takes place on condition that THYRS was able to recover the Products subject to the return and the refund request.
THYRS makes the refund using the same means of payment as the one that was used for payment of the Order, unless the Customer expressly agrees to use another. If this means of payment and insofar as it has expired, the Customer must contact customer service to modify the method of reimbursement without incurring any costs for the consumer. THYRS cannot be responsible for reimbursement on an expired means of payment.
If the Customer fails to comply with these T&Cs, THYRS will not be able to refund the Products concerned. In all cases, the return costs are borne by THYRS if the Product delivered to the Customer is different from the Product ordered or if it is delivered damaged.
X. WARRANTIES - LIMITATION OF LIABILITY
10.1 Limitation of liability
The responsibility of THYRS with respect to any Product purchased on the Site is strictly limited to the purchase price of the latter. THYRS will not be liable for the following losses, regardless of their origin:
- loss of revenue or sales
- operating loss
- loss of profits or contracts
- loss of expected savings
- data loss
- loss of work or management time
- image damage
- loss of opportunity, and in particular to order a Product,
- moral damage.
The documents, descriptions and information relating to the Products appearing on the Site are not covered by any guarantee, explicit or implicit, with the exception of the guarantees provided for by law.
THYRS makes no warranty regarding any harm that may be caused by the transmission of any computer virus, worm, time bomb, Trojan horse, cancelbot, logic bomb or any other form of programming routine designed to damage, destroy or otherwise impair the functionality of a computer or to interfere with the proper functioning of it, including any transmission resulting from a download of any content made by the Customer, of the software used by the latter to download the content, of the Site or of the server which provides access to it. In this regard, the Customer acknowledges that it is his responsibility to install appropriate anti-virus and security software on his computer hardware and any other device in order to protect them against any bug, virus or other programming routine of this order proving harmful.
The Customer acknowledges assuming all risks related to any content downloaded or obtained in any other way through the use of the Site and agrees that he is solely responsible for any damage caused to his computer system or any loss of data resulting from the downloading of this content.
THYRS is only required to deliver Products that comply with the contractual provisions. The Products are considered to comply with the contractual provisions if the following conditions are met: (i) they must comply with the description and have the characteristics displayed on the Site; (ii) they must be suitable for the purposes for which such products are generally designed; (iii) they must meet the quality and resistance criteria which are generally accepted for products of the same type and which can reasonably be expected.
In addition, THYRS guarantees consumers against lack of conformity and hidden defects for the Products for sale on the Site.
10. 2 Legal warranties
All products for sale on the Site benefit from the legal guarantee of conformity (as defined in articles L217-4 and following of the Consumer Code) and the guarantee against hidden defects (as defined in articles 1641 and following of the Civil Code), allowing the Customer to return free of charge the Products delivered defective or non-compliant.
Legal guarantee of conformity
Article L217-4 of the Consumer Code: “The seller is required to deliver goods that comply with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when this has been charged to him by the contract or has been carried out under his responsibility. »
Article L211-5 of the Consumer Code: “To comply with the contract, the goods must:
1) Be suitable for the use usually expected of a similar good and, where applicable: correspond to the description given by the seller and possess the qualities that the latter has presented to the buyer in the form of a sample or model ; present the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer or his representative, in particular in advertising or labeling;
2) Or present the characteristics defined by mutual agreement by the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and which the latter has accepted. »
Article L211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. »
Warranty against hidden defects
Article 1641 of the Civil Code: "The seller is bound by the guarantee on account of the hidden defects of the thing sold which render it unfit for the use for which it is intended, or which so diminish this use that the buyer does not would not have acquired, or would have given only a lesser price, if he had known them. »
Article 1648 of the Civil Code: “The action resulting from redhibitory defects must be brought by the purchaser within two years from the discovery of the defect. In the case provided for by article 1642-1, the action must be brought, on pain of foreclosure, within one year following the date on which the seller can be released from the apparent defects or lack of conformity. »
Within the framework of the legal guarantee against hidden defects, THYRS , at the Customer's choice, undertakes, after evaluation of the defect: either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
Disclaimer of Warranties
Products modified, repaired, integrated or added by the Customer are excluded from the warranty. The warranty does not cover apparent defects. The warranty does not cover Products damaged during transport after Delivery or due to improper use.
10.3 Procedures for implementing guarantees
As part of the legal guarantee of conformity, the Customer: (i) has a period of two (2) years from the delivery of the goods to act; (ii) can choose between repairing or replacing the good, subject to the cost conditions provided for in article L217-9 of the Consumer Code; (iii) is exempted from providing proof of the existence of the lack of conformity of the goods during the two years.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The Customer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of article 1641 of the Civil Code. In this case, he can choose between the cancellation of the sale or a reduction of the sale price in accordance with article 1644 of the Civil Code.
For any request concerning the legal guarantees, the Customer must then contact the Customer Relations Department at email@example.com.
These provisions are not exclusive of the right of withdrawal defined in Article 9 above.
10.4 Consequences of the implementation of legal guarantees
Within the framework of the legal guarantee of conformity, THYRS undertakes at the Customer's choice: either to replace the Product with an identical product depending on available stocks, or to reimburse the price of the Product if the replacement of a Product proves impossible.
Within the framework of the legal guarantee against hidden defects, THYRS , according to the Customer's choice, undertakes, after evaluation of the defect: either to reimburse the full price of the returned Product, or to reimburse part of the price of the Product if the Customer decides to keep the Product.
10.5 Force Majeure
In the event of the occurrence of an event of force majeure preventing the execution of these GCS, THYRS informs the Customer within fifteen (15) days of the occurrence of this event, by email or by registered letter with acknowledgment of receipt. Expressly, are considered as cases of force majeure or fortuitous event, in addition to those usually retained by the jurisprudence of French courts and tribunals, total or partial strikes, lockouts, riots, boycotts or other actions of an industrial nature or disputes business, civil disorder, insurrection, war, act of terrorism, severe weather, epidemic, blockage of transportation or supplies for any reason, earthquake, fire, storm, flood, water damage, government restrictions or legal, legal or regulatory changes in the forms of marketing, computer failure, blockage of telecommunications, including wired or wireless telecommunications networks, and any other case beyond the control of the parties preventing the normal execution of the contractual relationship. All of the parties' obligations are suspended for the duration of the force majeure event, without compensation. If the force majeure event continues for more than three (3) months, the transaction concerned may be terminated at the request of THYRS or the Customer without compensation on either side. Failure to pay by the Customer cannot be justified by a case of force majeure.
XI. RETENTION OF OWNERSHIP
THYRS retains full ownership of the Products sold until full payment of the full price, in principal, costs, taxes and mandatory contributions included.
XII. PARTIAL DISABILITY
If one or more stipulations of these GCS are held to be invalid or declared as such pursuant to a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations will retain their full force. and their scope.
No tolerance, inaction or inertia from THYRS cannot be interpreted as a waiver of its rights under the terms of the GCS.
XIV. MEDIATION - APPLICABLE LAW AND JURISDICTION
The sale of Products is subject to French law. The competent jurisdiction is that of the Court of Paris.
In the event of a complaint not resolved amicably by Customer Service, and in accordance with article L612-1 of the Consumer Code, the Customer may have free recourse to a mediation service. The Mediator's Service can be contacted for any consumer dispute whose settlement has not been successful.
The Customer may also contact the dispute resolution platform put online by the European Commission at the following address: http://ec.europa.eu/consumers/odr/.
Failing amicable resolution, any dispute relating to the interpretation of the GCS, the execution or termination of a sale, the interpretation, execution or termination of these presents is subject, in the absence of agreement amicably, to the legally competent courts.
It is recalled that the secrecy of correspondence is not guaranteed on the Internet network and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by possible viruses circulating on the Internet.
THYRS SAS, a simplified joint-stock company with capital of €10,000, whose registered office is at 4 rue Reinhardt 92100 Boulogne-Billancourt, registered with the Nanterre Trade and Companies Register under number 881 390 975, whose Intra-community VAT FR79 881390975.
The publication director is Gilles Lasbordes, legal representative of THYRS SAS.
II. HOST, DESIGN AND REALIZATION
III. PERSONAL DATA AND COOKIES
In accordance with the provisions of law n° 78-17 of January 6, 1978 relating to data processing, files and freedoms, the site has been declared to the CNIL (Commission Nationale Informatique et Libertés).