General terms and conditions

1. PURPOSE

The present general conditions of sale aim to define the rights and obligations of G-Heat Group on its website https://www.g-heat.com. They apply exclusively between: G-Heat Group, SAS with capital of 5,000 euros, registered under the unique number 830 579 637 RCS, headquartered at 6, rue des Bateliers, 92110 Clichy, France and any consumere (or legal entity) visiting or making a purchase via the aforementioned site https://www.g-heat.com.

On the Site, the Company allows the customer to order heating and cooling products online.s (socks, jackets, insoles, accessories, etc.) in accordance with the present terms and conditions..

Any order placed on the Site therefore implies the customer's unreserved acceptance of these terms and conditions. The present terms and conditions may be modified at any time and without prior notice by the company, the applicable conditions being those in force at the date of the customer's order.

These terms and conditions of sale apply exclusively to sales on the website https://www.g-heat.com and not to those applicable to sales in stores or through other distribution and marketing channels.

These general terms and conditions of sale are permanently accessible at the following address: https://www.g-heat.com/pages/cgv in a format that allows them to be printed and/or downloaded, so that the customer can reproduce or save them.

2. PRODUCTS AND COMPLIANCE

2.1. The products offered for sale are presented on the website https://www.g-heat.com and accompanied by a descripdescription. Products are offered while stocks last.

2.2. The products offered by the Company on the website https://www.g-heat.com comply with the standards applicable in France.

The elements such as photographs, texts, graphics as well as all information and characteristics illustrating and/or accompanying the products are not contractual, which the customer acknowledges.

Consequently, the Company cannot be held liable in the event of error or omission of any of these elements or in the event of modification of said elements by suppliers and/or publishers.

3. OBLIGATIONS OF THE CUSTOMER

3.1. The customer declares that he/she is at least 18 years of age and has the legal capacity or parental authorization to place an order on the Site.

3.2. The customer undertakes to provide the Company with the actual information required for the performance of the service covered by these terms and conditions as requested online and according to his/her situation, in particular his/her surname, first name, address, telephone number and valid e-mail address.

The customer is liable for any consequences arising from the transmission of false or inaccurate information, or the unlawful use of such information.

3.3. Once the order has been placed, the Company sends the customer an e-mail confirming the order. It informs the customer that the products have been dispatched.

3.4. Customers can modify their personal data in the "my account" section or by sending an e-mail to : 

4. ORDER

4.1. All orders will only be validated once payment has been accepted.

4.2. The Company reserves the right to cancel or refuse an order in the event of a dispute with the customer concerning a previous order.

4.3. The Company may accept orders within the limits of available stocks. It informs the customer of the availability of products sold on the website at the time of order confirmation.

If, despite the Company's vigilance, the products are unavailable, the Company will inform the customer by e-mail as soon as possible. The customer may thenmodify their order or cancel the order and be reimbursed for any sums already paid.

The Company shall not be held liable for any permanent or temporary unavailability, nor shall such unavailability give rise to any right to compensation or damages in favor of the customer. to the customer.

Any order implies acceptance of the prices and descriptions of the products offered for sale on the site https://www.g-heat.com . Any dispute on this point will be settled within the framework of a possible exchange and the guarantees mentioned below.

The seller reserves the right to block the buyer's order until the problem has been resolved, particularly in the event of non-payment, incorrect address or other problem with the buyer's account.

For any question relating to the follow-up of an order, the buyer can contact the seller on 

5. PRICE

5.1. The prices displayed on the website are indicated in euros, inclusive of all French taxes (French VAT and any other applicable taxes) and exclusive of shipping costs. Other taxes, in particular customs duties and additional taxes for deliveries outside the EU, will be borne exclusively by the customer.

Shipping costs will be indicated in the customer's shopping basket before the order is finally validated.

Prices may be modified at any time, without prior notice, particularly in the event of changes in fiscal or economic data. Items will be invoiced on the basis of the prices in force at the time the order is registered.

6. DELIVERY

6.1. Products are delivered in mainland France, including Corsica, in the European Union and in Switzerland. For deliveries outside the European Union and mainland France, delivery terms will be specified to the purchaser on a case-by-case basis. 

Products are shipped to the delivery address indicated by the customer at the time of ordering.. Delivery cannot be made to hotels, campsites or P.O. boxes. The delivery times indicated on the site are indicative times, corresponding to average processing and delivery times. processing and delivery times. In order for these times to be respected, the customer must ensure that he/she has provided accurate and complete information concerning the delivery address (such as: street number, building number, staircase number, access codes, names and/or intercom numbers, etc.).

The delivery time indicated when the order is sent is given as an indication only and is in no way guaranteed. In the event of late delivery due to non-compliance with the agreed delivery date or delivery period, the purchaser must request the seller to make the delivery within a reasonable additional period before terminating the contract.

If the delivery time exceeds 45 days from the date of payment of the order, the Customer may cancel the order by registered letter with acknowledgement of receipt and request a refund. The Company will reimburse the customer upon receipt of the item, complete, in its original condition and with all labels.

The Company undertakes to keep the customer informed of the progress of his order.

6.2. Products are delivered to the address indicated by the purchaser on the order form, who must ensure that the information provided is accurate. Any parcel returned to the seller due to an incorrect or incomplete delivery address will be reshipped at the buyer's expense and request. 

In the event of damaged packages (already opened, missing products...), the Customer undertakes to notify the carrier and the Company G-Heat®by any means, within 48 hours of receipt of the product. Any claim made after this deadline will be rejected.

Any complaint not made in the rules defined above and within the time limits will not be taken into account and will release G-Heat® of any responsibility towards the Customer.

If, at the time of delivery, the Customer notices that the original packaging is damaged, torn or open, he/she must check the condition of the items. If they have been damaged or if products are missing, the Customer must refuse the parcel and note this on the delivery slip (parcel refused because opened, products missing or damaged).

6.3. Products delivered to a relay point are delivered to the relay point whose contact details and delivery times are indicated on the customer's order summary. 

To pick up the order, the customer must go to this relay point and provide the necessary documents to pick up the order (ID and email/code for pickup).

Delivery is understood to be when the Customer collects his order.

The order is held by the relay point for a period of 15 days from receipt. At the end of this period, if the Customer has not collected the parcel, the sale will be cancelled and the order will be returned to the seller. Upon receipt of the order, the Customer will be notified by e-mail and the seller undertakes to refund the sums paid, excluding shipping costs, within 30 days of sending the e-mail.

If, at the time of delivery, the original packaging is damaged, torn or open, the buyer must check the condition of the items. If they have been damaged or products are missing, the buyer must refuse the parcel and note a reservation on the delivery slip (package refused because opened, products missing or damaged).

6.4 In the event of a delivery error, the Customer undertakes to inform the Vendor on the day of delivery or within a maximum of 48 hours following delivery of the product. Any claim made after this deadline will be rejected. 

Complaints can be made either via the contact page of the G-Heat® or by e-mail to the following address                                  .

Any complaint not made in the rules defined above and within the time limits will not be taken into account and will release G-Heat® of any responsibility towards the buyer.

Upon receipt of the customer's claim, G-Heat® undertakes to take the necessary steps to exchange the product(s). The Customer undertakes to return the product(s) received in error in their original packaging and unused, with the transport and return label provided by G-Heat®.

7. PAYMENT

Payment must be made in full at the time of ordering. At no time may the sums paid be considered as deposits or advance payments. To pay for an order, the purchaser has the choice of all the methods of payment made available by the seller and listed on the seller's website.

For all transactions, the customer must indicate the number on the front of the card, the expiry date and the cryptogram on the back of the card (last three digits).

The communication by the Customer of his/her credit card number constitutes authorization for the Company to debit his/her account for the amount of the order.

Cash on delivery will not be accepted for any reason whatsoever.

The Company retains ownership of the article until full payment of the price by the customer. In this sense, G-Heat® reserves the right to suspend all orders and deliveries in the event of refusal to authorize payment by credit card by officially accredited organizations, or in the event of non-payment. G-Heat® reserves the right to refuse delivery or to honour an order from a buyer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

Purchases are made securely. The payment solutions adopted by the Company are 100% secure. For credit card payments (Carte Bleue, Carte Bleue Visa and Carte Bleue eCard), the payment service provider Mollie is responsible for securing payments. All information communicated by customers to the company is strictly protected, guaranteeing the conformity and security of each transaction.

We do not store your bank details on our servers. Consequently, you must re-enter them each time you place a new order on our website.

We would like to remind you that, despite the care taken to encrypt the data exchanged, no data transmission over the Internet can be 100% secure. Information communicated online can potentially be intercepted and used by persons other than the intended recipient.

G-Heat® makes every effort to ensure the confidentiality of personal and banking information entered on its site, in partnership with its payment service providers.

8. RIGHT OF WITHDRAWAL AND CONDITIONS FOR PRODUCT RETURNS

8.1. If, for any reason whatsoever, the Customer is not satisfied with the product purchased, Article L121-18 of the French Consumer Code states that the Customer has the right to cancel the purchase within 14 days of receipt of the parcel, as evidenced by the carrier's receipt.

The Customer must inform G-Heat® of his right of withdrawal by contacting Customer Service or by registering his return request on the website https://www.g-heat.com before the expiry of this period. Any request made or registered after the deadline will not be eligible for reimbursement or retraction by the customer.

8.2. The product(s) returned must be new, unused and in their original, perfectly intact box (article L121-21 of the French Consumer Code). No returns will be accepted if the products returned have been visibly used or damaged by the customer, and if this use or damage renders the products unfit for sale. If the return is refused by G-Heat®the products may be made available to the customer for reshipment at the customer's expense.

A product is understood as a whole. Thus, if the Customer has ordered a pack and is not satisfied with one of the components of the pack, or if he wishes to exchange it, he must still return the whole pack (example: gloves with batteries). G-Heat® reserves the right to refuse and return incomplete packages to the customer, at the customer's sole expense.

The return is at the customer's expense, and the parcel travels under the customer's responsibility. G-Heat® recommends that the package be well packed (inside and out: the original packaging must itself be packed in a cardboard box suitable for transport). G-Heat® will provide the Customer with a prepaid transport voucher which will be deducted from the amount of the refund. A flat-rate charge of 7 euros will be applied. G-Heat® cannot be held responsible for any shock or malfunction caused during transport.

The Customer undertakes to dispatch the product(s) within a maximum of 14 days from validation of the request by Customer Service. Any parcel dispatched after this period will not be eligible for a refund.

G-Heat® reserves the right to refuse the parcel or to leave it at the consumer's disposal to be reshipped at the latter's expense and request.

If all the conditions of the right of withdrawal are met, the consumer will be reimbursed for the value of the products on the day of purchase (excluding shipping costs, which will remain payable to www.g-heat.com) within a maximum of 15 days of receipt of the parcel by the warehouse.

8.3. Terms and conditions of exercise

The Customer must inform the online sales site https://www.g-heat.com of his prior intention to return the parcel. This must be done by visiting the contact us or by registering his request directly on the page : https://www.g-heat.com/pages/return-center.

Subject to compliance with the above conditions, a refund of the value of the products in accordance with the purchase invoice, excluding shipping costs and a flat-rate amount of 7 euros deducted (return transport voucher), will be made within 15 days of receipt of the product by the online sales site https://www.g-heat.com.

In the event of receipt of a return package whose contents do not comply with the return request or of products that do not comply with the above-mentioned return conditions, G-Heat® reserves the right to take any corresponding recovery action against the customer.

In all cases, G-Heat®reserves the right to deduct the price of missing products.

To find out more, consult our returns policy.

9.WARRANTIES AND LIABILITY

Legal warranty

The Buyer benefits free of charge from the warranty given by the manufacturer of each product. G-Heat® cannot be held responsible for the misuse and/or intensive use of the products by the customer.

All products offered by G-Heat® sare subject to the application of the legal guarantees of conformity (articles L.211-4 to L.211-14 of the French Consumer Code) and hidden defects (articles 1641 to 1649 of the French Civil Code). The customer will be reimbursed in the form of a credit note or an exchange will take place in the case of apparently defective products.

Guarantees do not cover :

• Abnormal or improper use of the products. In this respect, we invite you to carefully consult the instructions for use supplied with the products and those available on our website https://www.g-heat.com.
• Nor do they cover defects and their consequences arising from improper use, improper maintenance or improper use for which the product is intended. 
• Damage caused by improper storage of the product. Any product whose batteries are completely discharged due to regular non-recharging (at least every 3 months) and having a zero charge factor, the charger supplied with the product being taken as proof.
• Normal wear and tear.
• Damage resulting from product modification by the customer (e.g. product marking).
• Damage caused by twisting, dropping or abnormal impact of the product.

• Defects and their consequences due to any external cause.

All warranty claims must be submitted to the after-sales service at support@g-heat.com. Only requests made to and approved by the after-sales service will be considered and processed. Any product returned to after-sales service whose defect is excluded from the warranty will not be processed. If this is the case, the product will be left at the customer's disposal and the return will be at the customer's exclusive expense.

To find out more about our after-sales service, please consult our returns policy.

 

Warranties and liability

For all stages of access to the site, from the order process to dispatch of the parcel or subsequent services, the Company has only an obligation of means. The Company may not be held liable for any inconvenience or damage inherent in the use of the Internet, in particular a break in service, external intrusion, the presence of computer viruses, late delivery due to the delivery service provider or any event qualified as force majeure, in accordance with the law and jurisprudence. 

10.INTELLECTUAL PROPERTY

G-Heat® is a French trademark registered with INPI.

Under no circumstances is the customer authorized to download or modify all or part of the Site and in particular its content (listed products, descriptions, images, videos, etc.).

This Site or any part of this Site may not be reproduced, copied, sold or exploited for any commercial purpose without the express written permission of the Company. G-Heat®.

In general, all copyrights, trademarks and other distinctive signs and rights of ownership or intellectual property appearing on the Site will remain the full and complete property of the Company. G-Heat®.

The customer is therefore bound to respect intellectual property rights and may not use the trademarks appearing on the Site or on the products, as the case may be, or register a trademark that would be prejudicial to the owner of the rights, unless otherwise stipulated in the contract.

The same applies to all other intellectual property rights.

 

11. PERSONAL DATA

 

The company undertakes to use customers' confidential information only in connection with the operation of its Site.

For the proper processing of the order, the personal data collected will be subject to computer processing, and the customer acknowledges that he/she is aware of this.

As such, information concerning him/her may be communicated to the Company's technical service providers.

In addition, the Company may use technical means to obtain non-personal information about Internet users in order to improve the functionality of the site, for example by tracking the number of visitors to certain pages.

In accordance with the RGPD law of May 25, 2018, the customer has the right to access and rectify personal data concerning him/her contained in the Company's files. All requests should be sent by e-mail to: .

This data processing has been declared to the Commission Nationale de l'Informatique et des Libertés (CNIL).

 

12. FORCE MAJEURE

 

In the event of a force majeure event, the party concerned must inform the other party within 15 days of the occurrence of the event, by any means at its disposal.

In addition to those normally accepted by the case law of French courts and tribunals, the following are expressly considered to be cases of force majeure or fortuitous events: total or partial strikes, lock-outs, riots, war, boycotts or other industrial actions or commercial disputes, civil unrest, insurrection, war, bad weather, epidemics, blockage of means of transport or supply for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to forms of marketing, computer breakdown, blockage of telecommunications, including wired or wireless telecommunications networks, and any other event beyond the control of the parties preventing the normal performance of the contractual relationship.

All obligations of the parties will be suspended for the duration of the force majeure event, without compensation.

If the force majeure event continues for more than three months, the contract in question may be terminated ipso jure without compensation for either party.

13. DISPUTES

These terms and conditions are governed by French law with regard to both form and substance. Any dispute shall be subject to a prior attempt at amicable settlement.

In the absence of an amicable settlement, jurisdiction is assigned to the competent French courts, notwithstanding multiple defendants or the introduction of third parties.

 

14. GENERAL PROVISIONS

 

14.1 Partial invalidity of a clause

If any one of the stipulations of the present conditions is declared null or unenforceable by a competent court, it will be declared unwritten and will not entail the nullity of the other stipulations.

14.2. Update

The present terms and conditions may be modified at any time and without notice by the Company, the applicable conditions being those in force at the date of the order by the customer.

These general terms and conditions of sale are permanently accessible at the following address: https://www.g-heat.com/pages/cgv in a format that can be printed and/or downloaded, so that the customer can reproduce or save them.

Reproduction of applicable texts (Ordinance 2005-136 of February 17, 2005, Consumer Code, Civil Code).

Art. L. 211-4. of the Consumer Code

The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for defects in conformity resulting from packaging, assembly instructions or installation when the latter has been made his responsibility by the contract or has been carried out under his responsibility.

Art. L. 211-5. of the Consumer Code

- To conform to the contract, the good must :

1° Be fit for the use ordinarily expected of similar goods and, where applicable :

- Correspond to the description given by the seller and possess the qualities presented to the customer in the form of a sample or model;

- have the qualities that a customer may legitimately expect in the light of public statements made by the seller, the producer or his representative, particularly in advertising or labelling;

2° Or present the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the customer, brought to the attention of the seller and accepted by the latter.

Art. L. 211-12. of the Consumer Code

Any action arising from a lack of conformity must be brought within two years of delivery of the goods.

Art. 1641 of the French Civil Code

The seller is liable for any hidden defects in the item sold which render it unfit for its intended use, or which impair that use to such an extent that the customer would not have purchased it, or would have paid a lower price for it, had he been aware of them.

Art. 1648 paragraph 1 of the French Civil Code

The action resulting from redhibitory defects must be brought by the purchaser within two years of discovery of the defect.