General Terms and Conditions of Sale
Article 1 – Object
These General Terms and Conditions of Sale aim to define the conditions of online sales between the THOREME company (“THOREME”) and the clients making online purchases on the www.thoreme.mywizi.com website. They determine their rights and obligations.
Each purchase on the website implies the clients’s unconditional acceptance of the General Terms and Conditions of Sale. THOREME reserves the right to modify the General Terms and Conditions of Sale at any time. The applicable Terms and Conditions of Sale will be the ones that were in effect on the day of the purchase.
Article 2 - Definitions
“Client”refers to each natural, adult person with legal capacity wishing to benefit from the services offered by THOREME and meeting these General Terms and Conditions of Sale.
“Order” refers to each purchase of a product made by a customer on the website according to the conditions laid down in these General Terms and Conditions of Sale.
“Client account” refers to the account each client will need to create in order to be able to order the desired products on the website.
“Product(s)” refer(s) to the wellness product presented on the website and offered for sale by THOREME as well as the cotton pouch.
Article 3 – Order and payment methods
3.1. To place an order, the client first has to log in to their client account or create one if they do not have an account already.
Once the selected products are in the cart and the identification data have been provided, the client must select their payment method.
The client commits to providing all information identified as mandatory to place an order. If not, the client will not be able to complete the purchase.
The client ensures accuracy of his provided data and cannot in any circumstances hold THOREME responsible for any problems related to the transfer of incorrect information (including in the address).
3.2 Payment for the purchase shall be made by payment card
The currently accepted payment cards are Mastercard, Visa, American Express.
The client ensures they are fully authorized to use the payment card to pay for the order and that the chosen payment method gives access to sufficient funds to cover to full amount of the order.
3.3. By clicking “Submit and pay” during the order process, checking the contents of the order in the “cart” and modifying it if needed, the client declares they have read and fully and unconditionally accept these General Terms and Conditions of Sale in their entirety.
After confirming the content of their order, the client irrevocably confirms it with payment. The order is only complete when its full price has been paid.
THOREME always confirms the order of each client with an e-mail.
THOREME reserves the right to refuse any orders for legitimate reasons, notably when the quantities ordered are abnormally high or unusual for a single client.
3.4. The price all tax inclusive of each product is mentioned in the content of the order. The shipping costs for the client’s order will be stated before it is definitively confirmed.
3.5. Non-compliance by the client with the obligations subscribed to under these General Terms and Conditions of Sale, and in particular in case of fraud or any attempt at fraud, and any incident of payment of the price of an order, may lead to the suspension of access to the THOREME website, or even the termination of the customer's account depending on the degree of seriousness of the actions in question, without prejudice to the rights to indemnity that THOREME may seek. Consequently, THOREME reserves the right to refuse any order from a customer with whom such a dispute exists.
In order to avoid any fraudulent payment, THOREME may have to ask the customer for additional information and documents in order to complete the order. If the order is not regularized within the given time limit, THOREME may be forced to cancel the order, and to register certain data, notably of a personal nature, relating to the customer involved in a file named "Payment Incidents".
Article 4 - Compliance
4.1. In case of noncompliance of the product delivered to the customer (error on the quantity or nature of the product ordered only), the latter may return it to THOREME. In order to facilitate the processing of their file, we strongly recommend that clients follow the procedure set out in the "Delivery & Returns" section available on the website. The client will be able to ask THOREME:
- either for replacement with a product identical to the one that was ordered, within the limits of available stocks;
- or to be refunded the price of the product ordered within 30 days of the customer's request if replacement is impossible.
In case of noncompliance of a product, the costs of returning the product ordered and delivered to the customer as well as the potential delivery of a new product will be borne by THOREME.
4.2. In any event, these provisions do not deprive the client of the benefit of his right of withdrawal, as set out in Article 5 of these General Terms and Conditions of Sale.
Article 5 – Right of withdrawal
The client has the right to withdraw without giving any reason within 14 days from the date of receipt of their order, in accordance with the provisions of Article L 221-18 of the Consumer Code.
Before returning any products, the client must notify his wish to withdraw within 14 days from the date of receipt of their order by filling and returning the withdrawal form available on the website.
Upon receipt of the client's withdrawal request, THOREME will e-mail the details of the procedure to follow and the required documents to process the request.
Upon receipt of all the required elements, the refund will be committed.
5.3. Return costs and refund
5.3.1. Return costs
Return costs are at the expense of the client.
The client bears responsibility for the transport of the returned products.
The return of all the products ordered will lead to a refund equal to the entirety of the sums paid by the client, i.e. the purchase price of the product(s) purchased and the shipping costs.
Refunds are credited directly to the payment card/account used to make the purchase. Refunds will be made within 14 days from the date of receipt of all required items by THOREME.
Article 6 – Securing
The THOREME website has reinforced all jamming and encryption processes in order to protect as efficiently as possible all sensitive data related to payment methods.
Article 7– Delivery
7.1. Delivery address
The products will be sent to the delivery address indicated by the customer during the ordering process.
7.2. Shipping costs
For logistical reasons, deliveries are currently carried it out in Metropolitan France with the related shipping costs:
Standard delivery: € 7
For logistical reasons, deliveries are currently carried it out outside of Metropolitan France with the related shipping costs:
Standard delivery: € 10
Any modification of the shipping costs, in particular by the postal services, will imply a modification of these costs for the customer. The applicable prices are those indicated in the summary of the order prior to its confirmation, even in case of contradiction with the General Terms and Conditions of Sale.
7.3. Delivery time
Orders placed after 2 p.m. will be shipped no later than 30 days after the closing of the sale.
7.4 Delivery schedule
Deliveries are carried out until 6:00 p.m., Monday to Friday.
The client will receive a shipping notice on the e-mail address provided when placing the order.
7.5 Delivery queries
For any queries related to your order, you can contact email@example.com.
Article 8 - Guarantees
8.1. Legal guarantees
8.1.1 Legal guarantee of conformity (article L 217-4 and seq. of the Consumer Code)
The customer is informed that the guarantor for defects of the item sold is THOREME. When acting within the framework of legal guarantee of conformity, the client:
- can ask for the product to be replaced;
- is exempted from providing proof of the existence of the lack of conformity of the goods during the twenty-four months following delivery of the goods.
Within the framework of the legal guarantee of conformity, if the goods ordered by the client present a lack of conformity existing at the time of delivery, THOREME commits to:
- either replacing the customer's product with an identical product depending on the available stocks,
- or to refund the price of the product within 30 days of the client's request if replacement is impossible.
8.1.2. Warranty against hidden defects (article 1641 and seq. of the Civil Code)
Within the framework of the warranty against hidden defects of sold items, THOREME, according to the choice of the client and after evaluation of the defect, commits to:
- either to refund the entirety of the price of the product returned to THOREME,
- or to refund part of the price of the product if the client decides to keep it.
For any request concerning legal guarantees, the client must contact customer service through the "Contact Us" section of the website.
These provisions are not exclusive of the right of withdrawal defined in Article 5 above.
8.2. Exclusion of warranty
Excluded from warranty are products that have been modified, repaired, integrated or added by the client or any other person not authorized to do so by the supplier of said product. The warranty will not apply to apparent defects. The warranty will not cover products damaged during transport or misuse.
Article 9– Intellectual property rights
The content of the website is the property of THOREME with the exception of trademarks, logos or content belonging to other companies, societies or organisations.
Any reproduction, modification or use of the content of the website is strictly prohibited.
Article 10– Protection of personal data
10.1 The information collected concerning the client is subject to automatic processing required to issue the invoice and deliver the order.
10.2. THOREME commits to respecting the confidentiality of personal data provided by its clients on the website and to process them in accordance with Regulation nᵒ 2016/679 of 27 April 2016, known as the General Data Protection Regulation.
10.3. THOREME informs the client that this data will be used by its internal services or its service providers:
- to e-mail its client with information regarding upcoming sales and events;
- to process the client’s order;
- To strengthen and customise communication, in particular by sending newsletters, special offers and special e-mails as part of the customisation of the website according to observed client preferences.
In addition, THOREME reminds the client that if they change their mind and only wish to receive certain categories of e-mails, they may at any time set up their choices regarding reception of these e-mails by clicking on the "Contact us" section of the website.
10.4. The THOREME company informs the client that it may also be required to communicate their personal data to ensure that the tasks required for the execution of the client's order may be performed, to fight against fraud and more generally against any criminally reprehensible activity, for certain aspects of the customer service, and to carry out satisfaction surveys. In addition, THOREME may also disclose such data to respond to an injunction from any authority legally authorized to access personal data.
10.5. While creating or consulting their account, the client may choose to receive offers, particularly commercial offers sent by THOREME and/or its commercial partners.
10.6. Furthermore, in accordance with the General Data Protection Regulation, the client may at any time exercise their right of access to the file, their right of opposition and their right to rectify or delete information about themselves by sending their request (mentioning their e-mail address, surname, first name and postal address) by e-mail firstname.lastname@example.org.
Any opposition to the processing of personal data about the client will keep THOREME from processing the order.
Article 11. Invalidity and modification of the contract
These General Terms and Conditions of Sale are applicable as long as they are on the website. If one or more clause(s) of these General Terms and Conditions of Sale become void as a result of a change in legislation or a court decision, this will not affect the validity of the other clauses. Any contractual modification only becomes valid once a written agreement has been signed by the parties involved.
Article 12. Termination of the contract
The order may be terminated by the client by sending a registered letter with acknowledgement of receipt in the event of a delivery does not comply with the characteristics of the order, in the event of a delivery exceeding the period of thirty days following payment, in the event of an unjustified price increase or modification of the product.
Article 13. Force majeure
The performance of THOREME's obligations under these General Terms and Conditions of Sale shall be suspended in the event of an incident considered as force majeure. THOREME will inform the client of any such events without undue delay.
Article 14. Claims and mediation - Applicable law
The clauses contained in these General Terms and Conditions of Sale, as well as all purchase and sale operations referred to therein, are governed by French law.
The nullity of a contractual clause does not entail the nullity of these General Terms and Conditions of Sale.
The client can file any claims with THOREME at email@example.com. The client may also request the intervention of a consumer mediator by visiting the website of the Association of European Mediators (AME) in order to obtain an amicable settlement of the dispute.
In the absence of an amicable settlement, the French courts will have jurisdiction.
All disputes arising from the activities covered by these General Terms and Conditions of Sale (purchase, sale or provision of services ) shall be submitted to the Commercial Court of (place of the registered office of Company X), which the client expressly accepts.