INTRODUCTION

The General Terms and Conditions of Sale set out below govern the contractual relationship between users of the "thermaliv.fr" website who are non-commercial natural persons (hereinafter "User" or "Purchaser" or "You") and the SPLETH – THERMALIV company with share capital of €2,000,000, whose registered office is located at 1 rue Mont-Saint Clair – 34540 Balaruc-les-Bains and registered in the Montpellier trade and companies register under number 538 457 847.

Only these General Terms and Conditions of Sale shall apply, and they replace all other terms and conditions unless a prior express and written exception is granted.

THERMALIV may occasionally modify certain provisions of its General Terms and Conditions, so it is necessary to reread them before each visit to the thermaliv.fr website (hereinafter the "Site").

These changes become effective once they are put online and cannot apply to contracts entered into earlier. Each purchase on the Site is governed by the General Terms and Conditions applicable on the date the order is placed. We consider that by confirming your order, you have read and unreservedly accept our General Terms and Conditions of Sale.

Article 1 – PRICE

The products are billed at the price in force stated on the Site on the date of the sale.

The prices of our products are indicated in euros and include all taxes, including applicable VAT for France (excluding French overseas territories and departments) and the countries of the European Union.

The prices indicated do not include product delivery costs, which are billed extra and are clearly indicated on the Site prior to confirmation of the order (Colissimo delivery).

THERMALIV reserves the right to change its prices at any time, but the products will be billed on the basis of prices in force stated on the Site at the time the order is placed, subject to availability.

Article 2 – PRODUCT OFFERS

All products offered on our Site are for sale to individuals and are limited to France and the countries of the European Union. Promotional offers are valid only within the limit of the validity period of the offer in question.

Article 3 – ORDER PROCESS ON OUR WEBSITE

The stages of the order process are as follows:

1. Entry of the order: Select the product(s) you want and add it/them to the shopping cart; you can check the contents and price of your cart at any time and make any necessary changes.

Log in (email and password). If you are a new customer, you must create an account and log in by entering a valid email address and password (personal and confidential), which you can subsequently use to log in to our Site. Enter and confirm your shipping address. Choose and confirm your delivery method, then confirm the method of payment by bankcard. You must provide the personal information required to process and deliver the orders.

By clicking on the "Confirm your order" icon at the end of the order process, you submit your order (first click). Then, after reviewing your order and making any necessary corrections, you click a second time to definitively confirm the order and irrevocably declare that you fully and unreservedly accept the order placed, the related delivery costs and all the General Terms and Conditions of Sale applicable to the order.

2. Acknowledgement of receipt: For all orders placed online, we will send you an acknowledgment of receipt by email. This acknowledgment of receipt contains an identification number for your order, identification of the products ordered, the price stated including VAT comprising the price of the products and the amount of the delivery costs including VAT. This acknowledgment of receipt means that we have taken account of your request and are processing it. It is not the confirmation of your order.

3. Seller's order confirmation: We will send you an "order confirmation" by email with an identification number for your order, identification of the products ordered, the price stated including VAT comprising the price of the products and the amount of the delivery costs including VAT, and the cancellation form.

4. Tracking your order: You can track the progress of your order on our Site under "Your Account". You will be required to enter your username and password on each visit.

5. Printing the details of your order: We recommend that you electronically store and print a copy of your Order, the General Terms and Conditions of Sale, the Acknowledgement of Receipt, the Order Confirmation, any message amending the terms of the order, and any other message exchanged between us.

6. Delivery: We deliver the ordered products to the delivery address given when placing the order.

7. Cancellation or refusal of the order: We reserve the right to cancel or refuse any order from a customer with whom there is a dispute over payment of a previous order, or for any other legitimate reason concerning an abnormal order.

Article 3 – PRODUCT AVAILABILITY

Our product offers and prices are valid as long as they are visible on the Site, subject to availability of stock.

If a product is unavailable after placing your order, we will notify you by email as soon as possible indicating, if applicable, the conditions under which we would be able to fulfil your request. You can then agree to the new conditions (e.g. different product or delivery time) or request the cancellation of your unavailable order. In the latter case, we will give you a refund within 10 days of receiving your cancellation request. The refund will be made using the same method you used when placing the order.

In any case, if you do not send a response, the unavailable order will be automatically cancelled after a period of 10 days and the refund will be made in accordance with the conditions stated in the previous paragraph.

Article 4 – DELIVERY TIMES

Delivery times are stated on our Site in the "delivery method" section. They are the usual average times and correspond to the order-processing and delivery times according to the method of delivery chosen and the delivery location.

These average times are between 2 and 5 working days, and a maximum of 15 days.

Any order not shipped within 15 days from when the order was placed is cancelled unless otherwise stipulated in the sale offer. If the delivery is delayed, an email will be sent to you.

-Information on Colissimo deliveries: the Colissimo system tracked by the French Post Office usually ensures delivery within an average period of forty-eight hours. This period is given for information purposes only. If this period is exceeded it cannot give rise to any damages, holdback or cancellation of the order by the Purchaser. In the event of late delivery from the initial date, the Purchaser must notify THERMALIV in writing (by letter or email) to enable it to make enquiries to the French Post Office, which can take up to 21 working days. If the product is found during this period, it will be immediately re-routed to the residence of the Purchaser or addressee named on the order form. However, if the ordered product is not found after the 21-day period of investigation, THERMALIV will at its own expense carry out a new shipment of the products ordered by the Purchaser, or refund the order.

Article 5 – TERMS OF PAYMENT

The User is informed that the price of the order (product price plus delivery costs) is payable in full in one payment when ordering.

Payments must be made in euros on ordering by bankcard: your card will be debited when the order is entered.

Online payment by bankcard is completely secure using the SSL protocol (secure online payment system).

Article 6 – TERMS OF DELIVERY

Our products are delivered to the address indicated on the order form. It is your responsibility to provide us with all the exact details required for the correct delivery of your order.

Delivery is understood to be the date of first presentation of the package to the said address by the carrier.

6.1 Transfer of risk

As delivery is organised by the seller, the transfer of risk for the products takes effect from receipt of the delivery by the User, or a third party designated by the User, if the delivery is made without reservations.

Therefore if no reservation or complaint has been issued upon receipt of the products, we will not be able to accept any subsequent reservations or complaints regarding delivery problems.

If the product is damaged after the transfer of risk, the seller will not be responsible.

6.2 Problems due to the delivery

You must take delivery of the products ordered and check the condition and contents of the parcel received. If the package or products are damaged or show signs of being opened or have items missing, you must state your reservations on the delivery note.

You must confirm these reservations and complaints to our customer service department within 72 working hours following receipt of the delivery, by registered letter with acknowledgment of receipt sent to the following address: SPLE THERMES DE BALARUC-LES-BAINS – Service Client THERMALIV - 1 rue du Mont-Saint Clair - 34 540 Balaruc-les-Bains – France.

Our customer service department will tell you what to do. We will pay for any return costs and for shipping of the replacement product.

If it is not possible to replace the product with an identical product, we will offer you a similar product or cancellation of the sale as regards the damaged product and refund its price. The refund will be made within a maximum period of 10 days from receipt of your request to cancel the sale, and via the same payment method used when placing the order.

Article 7 – EXECUTION IMPOSSIBLE: CUSTOMER ERROR-FORCE MAJEURE

We are responsible for the proper execution of orders. However, we are not liable if the non-performance or poor execution of the order is due to an error on your part, to an unforeseeable and insurmountable action of a third party to the order or to a force majeure event (e.g. acts of war, strikes, total or partial interruption of postal services or means of transport and/or communication, floods, fire, disruptions of energy supply, shortages of raw materials, accidents or any cause resulting in shut down of all or part of the factories, inability to manufacture, sell or deliver resulting from a decision of the public authorities). These events automatically justify the suspension by us of orders in progress or their delayed execution without compensation or damages.

Article 8 – MONEY-BACK GUARANTEE: COOLING-OFF PERIOD

If you are not satisfied with the products delivered, you have fourteen (14) days from receipt of the products to return them in their original packaging, in perfect condition and ask for a refund or exchange by filling out the cancellation form. Products that are returned damaged, broken or opened will not be taken back.

We will refund you the price of the returned products plus the standard delivery costs (letter rate), at the latest within fourteen days from the date on which we are informed of your desire to cancel. This refund will be made by the same payment method as that used when ordering. Only the return costs will be borne by you.

However, we inform you that we reserve the right to defer this refund until recovery of the goods or until receipt of the proof of shipment of said goods, whichever event occurs first.

Article 9 – CUSTOMER SERVICE

For information or questions, our customer service department can be contacted by email or by post:

- [email protected]

- SPLE THERMES DE BALARUC-LES-BAINS - Service Client THERMALIV - 1 rue du Mont-Saint Clair - 34 540 Balaruc-les-Bains - France

Article 10 – INTELLECTUAL PROPERTY

All texts, commentaries, works, illustrations and images reproduced on the THERMALIV Site are reserved under copyright and under intellectual property worldwide. As such and in accordance with the French Intellectual Property Code, only personal use subject to different, or more restrictive, provisions of the French Intellectual Property Code is permitted.

Article 11 – LIABILITY

The products offered on our Site comply with French and European legislation.

Photos are for illustrative purposes only. Please refer to the description of each product to see the exact characteristics. If in doubt or if you require further information, do not hesitate to contact us by email. For hyperlinks leading to other sites from THERMALIV, the latter shall not be held liable for the content of the information provided on those sites after activation of the links.

Article 12 – APPLICABLE LAW & DISPUTES

This Agreement is subject to French law. The language of this Agreement is French. In the event of a dispute, the French courts will have jurisdiction.

Article 13 – PROOF OF TRANSACTIONS

You agree that our order registration system constitutes proof of the transaction, particularly as regards the date and content of the order.

We may conduct checks on transactions made on our Site. As such, we may ask you to provide additional information or even to disclose documents in support of the information provided (e.g. proof of address).

Article 14 – SITE ACCESS RESTRICTIONS

Access to the Site requires the use of suitable computer equipment and internet access.

We cannot be held liable if the User finds it impossible to access, or has difficulty in accessing, the Site owing to the User's equipment or misuse of that equipment or insufficient performance of that equipment.

It is also the responsibility of each user to have effective and up-to-date anti-virus software in order to preserve the integrity of your data and software and the confidentiality of correspondence.

In addition, access to the Site or to certain services offered on the Site may be temporarily disrupted, restricted or terminated in the event of congestion or network disruption, maintenance, updating, technical improvements, etc. We will ensure that these disturbances are as short as possible. We cannot be held liable in this regard.

The User must also take into account the interpretation or use of the information contained on the Site and the specific laws of the country where he/she is located, if it is not France.

Article 15 – PERSONAL DATA

In accordance with the amended French Data Protection Act of 6 January 1978, you have the right to access, modify, rectify, and delete all your personal data at any time by writing a letter and sending proof of your identity to SPLE THERMES DE BALARUC-LES-BAINS - Service Client THERMALIV - 1 rue du Mont-Saint Clair - 34 540 Balaruc-les-Bains - France

THERMALIV agrees not to disclose to third parties the data you provide. That data is confidential. It will be used only for processing your order and to reinforce and personalise communication and the product offers reserved for THERMALIV customers, particularly by means of the THERMALIV newsletters to which you have subscribed.

Article 16 – LEGAL GUARANTEE OF CONFORMITY (ARTICLES 211-4 ET SEQ. OF THE FRENCH CONSUMER CODE) AND LEGAL GUARANTEE CONCERNING DEFECTS OF THE PRODUCT SOLD (ARTICLES 1641 ET SEQ. OF THE FRENCH CIVIL CODE)

16-1 Summary of legal provisions

The seller is liable for defects in the conformity of the goods under the contract under the terms of article L.211-4 et seq. of the French Consumer Code and hidden defects of the product sold in accordance with articles 1641 et seq. of the French Civil Code.

When it concerns a legal guarantee of conformity, the consumer: - has a period of two years from delivery of the goods to act; - can choose between repair or replacement of the goods, subject to the conditions of cost stipulated in article L.211-9 of the French Consumer Code; - is not required to prove the existence of the lack of conformity of the goods during the six months following delivery of the goods. This period is extended to twenty-four months from 18 March 2016; - the legal guarantee of conformity applies regardless of any commercial guarantee that may be granted. When the consumer acts under the guarantee against hidden defects of the product sold in accordance with article 1641 of the French Civil Code and, in this case, he/she can choose between the cancellation of the sale or reduction of the purchase price in accordance with article 1644 of the French Civil Code.

Pursuant to article L.133-3 of the French Consumer Code, claims made under the legal guarantee of conformity provided for in articles L.211-4 et seq. of the French Consumer Code or the guarantee of defects of the product sold in accordance with articles 1641 et seq. of the French Civil Code, are made by the consumer by letter with proof of identity sent to the following address: SPLE THERMES DE BALARUC-LES-BAINS - Service Client THERMALIV - 1 rue du Mont-Saint Clair - 34 540 Balaruc-les-Bains - France

Our customer service department will inform you about the procedure to follow and the documents and proof needed to analyse your claim under the legal guarantee of conformity or guarantee against hidden defects of the product sold.

16-2 Reproduction of articles cited

Pursuant to article L.211-15 of the French Consumer Code, reproduced below are articles L.211-4, L.211-5 and L.211-12 of the French Consumer Code, as well as article 1641 and the first paragraph of article 1648 of the French Civil Code, the provisions of which the customer expressly acknowledges having read prior to placing the order.

Article L.211-4 of the French Consumer Code:

The seller must deliver goods in conformity with the contract and is liable for defects in conformity that exist upon delivery.

The seller is also liable for any lack of conformity resulting from the packaging, instructions for assembly or installation in cases where the seller is responsible for the installation under the contract or where the installation is carried out under the seller's responsibility.

Article L.211-5 of the French Consumer Code:

To conform to the contract, the goods must:

1. Be suitable for the purpose usually associated with such goods and, if applicable:

- match the description given by the seller and possess the qualities that the seller has presented to the Purchaser in the form of a sample or model;

- possess the qualities that a purchaser might reasonably expect given the public declarations made by the seller, the producer or his representative, particularly in advertising or labelling;

2. Or have the features defined by mutual agreement by the parties or be suitable for any particular purpose sought by the Purchaser, brought to the attention of the seller and which the latter has accepted.

Article L.211-12 of the French Consumer Code:

The action resulting from the lack of conformity lapses two years after delivery of the goods.

Article 1641 of the French Civil Code:

The seller is bound by the guarantee in respect of hidden defects of the product sold that render it unfit for the use for which it was intended, or that decrease this use to such an extent that the Purchaser would not have bought it or would have paid a lower price if he/she had known.

Article 1648 of the French Civil Code:

The action resulting from latent defects must be instigated by the purchaser within two years after discovery of the defect.

Changes to our General Terms and Conditions of Sale:

Given possible changes to our Site, we reserve the right to adapt, update or modify these General Terms and Conditions of Sale at any time. The new General Terms and Conditions of Sale will be available online and will apply only to sales made after the change.

Last updated on 31/12/2015