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These general conditions of sale apply to all sales made on the thorus-wear.com website, subject to the special conditions indicated in the presentation of the products.
ARTICLE 1: Mandatory information
The thorus-wear.com website is a service of:
WOD COMPANY
16 rue Sirven, 31100 TOULOUSE, FRANCE
SIRET: 822043410 00023
RCS: Toulouse
VAT number: FR 11 822043410
ARTICLE 2: Essential characteristics of the products and services sold
The thorus-wear.com website sells:
• Textile articles for the practice of sport
The customer declares to have read and accepted the general conditions of sale prior to placing his order. The validation of your order is therefore valid for acceptance of the general conditions of sale.
ARTICLE 3: Price
The prices of our products are indicated in euros all taxes included (TTC) or dollars. In the event of an order delivered in a country other than mainland France, the customer is the importer of the products he purchases. For all products shipped outside overseas communities or the European Union, the invoice is based on the price excluding tax. The customer is solely responsible for declarations and payments of any customs duty or other tax that may be payable in his country.
Delivery charges are not included in the price. The order form indicates the amount of the delivery costs before any order is placed.
ARTICLE 4: Product availability period
The available products appear on our site with the mention "available". In order to best meet the expectations of our customers, the availability of our products is regularly updated on our website.
If you have ordered a product that is unavailable after the validation of your order, you will be immediately informed. We will proceed with the cancellation of your purchase. If the sum had already been debited, you will be immediately refunded. You can also choose to replace the product by another one at the same value or to wait until the product is available.
ARTICLE 5: Order
You can order our products directly on our website.
To place an order on our site, choose your items and add them to the basket. Validate the contents of your basket.
Depending on the case :
• If you already have a customer account on our site, please identify yourself.
• If you do not have a customer account on our site, please create one.
Depending on the case :
• Confirm the delivery address.
• Choose a delivery method according to your order and click on "continue".
Depending on the case :
• Click on "continue" to complete your order online.
• Choose your method of payment and tick the box "acceptance of the GTC".
Confirm your payment.
You will receive an e-mail confirming your order at the e-mail address you provided when creating your customer account. Check the details and the total amount of your order. Correct any errors beforehand before any acceptance. The transfer of ownership of the product will only take place upon full payment of your order.
ARTICLE 6: Delivery
Depending on the case :
• We deliver our products in mainland France including Corsica and the French overseas departments and territories. Delivery takes place at the address indicated by the buyer.
• We deliver our products in Europe and internationally. Delivery takes place at the address indicated by the buyer.
We offer 3 types of delivery namely:
• via the DPD carrier in a pick up relay with a tracking number and delivered against signature
• via DPD Predict with a tracking number and delivered against signature, at home
• via DPD at your workplace with a tracking number and against signature.
Delivery times are indicative. They may change due to various factors such as the availability of our carrier and / or the processing of the order, etc.
ARTICLE 7: Terms of payment
Only two payment methods are accepted: the consumer must pay by credit card (PayBox) or PayPal.
We accept payment by card [blue / visa / master card / eurocard]. When paying online, enter your bank card number, its expiration date and the 3 digits on the back of it. Online payment is secure.
Full payment of the order is required to complete the order.
ARTICLE 8: Right of withdrawal
Depending on the case :
• In accordance with article L121-20 of the French Consumer Code, you have a right of withdrawal to exercise within seven working days of receipt of the article. You neither have to justify reasons nor to pay penalties, apart from the cost of return;
• Upon receipt of the product or on the day of acceptance of the offer, you have a right of withdrawal of 15 calendar days, ie 8 days more than what French law provides.
Reship the product within the time frame mentioned above. Within the same period, inform us of the exercise of your right of withdrawal by post to the following address: 16 rue Sirven, 31100 TOULOUSE, FRANCE or by email to service-client@thorus-wear.com.
The goods must be returned to the following address, the return costs being at your expense for <80€ orders: 16 rue Sirven, 31100 TOULOUSE, FRANCE.
For >80€ orders, please contact us to have a return voucher, valid in mainland France only at service-client@thorus-wear.com.
In order for our returned product to be marketable again, you agree to return it to us in its original packaging, with price tag and in perfect condition. The packaging can be opened and the article tried as long as it is possible to sell it. It must not be washed.
ARTICLE 9: Guarantee and right of return of the product (hidden defect or defect)
You benefit from the legal guarantee of conformity and therefore from an application of article L211-4 of the French Consumer Code which provides that:
• “The seller is required to deliver goods in accordance 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. "
The warranty is applicable to our new products having a defective nature (lack of functionality, product unfit for the use which you can expect, absence of the characteristics presented online, partial or total malfunction of the product, failure of the product) and this, even in the absence of a contractual guarantee.
In the event of failure in the performance of our obligation or in the event of a major defect, we undertake to reimburse you for the full price paid or part of the price if you wish to keep the product.
The presumption of lack of conformity no longer applies if it appears after 6 months following the sale and before 2 years. You must provide proof of the defect of our product.
In the event of a hidden defect in your product, you benefit from the legal guarantee against hidden defects in articles 1641 to 1649 of the French Civil Code. It applies to all our new products. This warranty applies when the defect renders the product unfit for use or when it reduces its use to such an extent that you would not have bought it or paid for it at a lower price. The warranty against hidden defects only applies when the defect is prior to the sale. You have a period of 2 years from the discovery of the defect to act.
In the event of a defect, we undertake to replace your product or reimburse you as soon as possible.
ARTICLE 10: Conditions and deadlines for reimbursement
The refund of the products is full. It is carried out by [bank transfer / PayPal] as soon as possible and at the latest within 30 days from the date of exercise of the right of withdrawal.
ARTICLE 11: Consumer complaints
Any consumer complaint should be sent by post to the address mentioned opposite [16 rue Sirven, 31100 TOULOUSE, FRANCE] or electronically to [service-client@thorus-wear.com].
ARTICLE 12: Intellectual property
All comments, images and illustrations on our site are exclusively reserved for us. Under intellectual property and copyright, any use is prohibited except for private use.
Without prior authorization, any reproduction of our site, whether partial or total, is strictly prohibited.
ARTICLE 13: Liability
In accordance with article 1147 of the French Civil Code, we are legally liable to you in the event of non-performance or improper performance of the contract concluded.
However, our contractual liability cannot be engaged in the situations mentioned below:
• case of force majeure;
• foreign fact which cannot be attributable to us;
Eventually :
• The [photographs / illustrations / images] on our site have no contractual value. They cannot therefore engage our responsibility.
ARTICLE 14: Personal data
Depending on the case :
• Certain information relating to the customer will be sent to the seller (namely name, first name, address, postal code and telephone number) in order to enable the processing and delivery of the products ordered.
• The commercial offers of the site will be sent to the customer by [SMS / mail / telephone / post office] if no opposition has been issued. The customer may at any time oppose commercial offers free of charge by logging into his personal space or by post to [16 rue Sirven, 31100 TOULOUSE, FRANCE].
• Information relating to the customer may be transmitted to commercial partners of the site, unless there is an objection.
The site provides the customer with the collection and processing of personal information with respect for privacy in accordance with law n ° 78-17 of January 6, 1978 relating to computers, files and freedoms.
By virtue of articles 39 and 40 of the law dated January 6, 1978, the customer has the right to access, rectify, delete and oppose his personal data. The customer exercises this right via:
• his personal space
• a contact form
• by email to service-client@thorus-wear.com
• by post at 16 rue Sirven, 31100 TOULOUSE, FRANCE.
ARTICLE 15: Competent jurisdiction and applicable law
These General Conditions of Sale are subject to French law. The competent court in the event of a dispute will be that of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the product.
The consumer is informed of the possibility of resorting, in the event of a dispute, to a conventional mediation procedure or any other alternative mode of dispute settlement. As part of a professional-to-professional sales contract, the Parties expressly agree to subject this contract to French law.
The Parties expressly agree that the Vienna Convention on the International Sale of Goods cannot be applied in their relationship. To this end, any dispute that has not found an amicable solution will be subject to the exclusive jurisdiction of the competent courts of Versailles, notwithstanding the plurality of defendants and / or guarantee calls, even for emergency procedures or interim proceedings, or by request.