1. APPLICATION, OPPOSABILITY

Except with opposing written agreement from FG INOX, the fact of placing an order implies the full acceptance without any reserve from the buyer to the present GCS, with the exception of all other documents and previous GCS.

2. ORDERS

All orders must be placed in writing. The contract is considered perfect after acceptance and written confirmation from FG INOX. In the event of modifications to the general conditions of sale or price if the purchaser does not present his observations within 8 days of acceptance, the conditions selected will be those mentioned in the written confirmation by FG INOX. FG INOX reserves the right to constantly make any modifications which it considers useful to its products and to modify 1 week after their date of emission his proposals for price, delivery period, and any other conditions.

3. PRICE

The products are sold with the conditions and tarifs in force at the day of the written acceptance of the order or, failing such an acceptance, at the day of the order. The prices are considered without VAT. All the expenses being attached to the order are known. Any order with a value lower than 50 € exclusive of VAT, will give place to an additional invoicing of 12 € to the title of administrative expenses.

4. DISCOUNT

In case of cash payment or early payment in relation to the payment date provided on the invoice, no discount will be applied.

5. INSURANCE

Our company is insured as follows : Civil liability after delivery : for all damages combined, €10,000,000 per year, including non-consecutive immaterial damage : €5,000,000 per year.

6. DELIVERY AND PACKING

The delivery times are indicative. Their overtaking can give place to no damages or decrease in payment, nor to cancellation of pending orders. In case of sever modifications to the conditions obtained by FG INOX, the latter reserves the right to terminate the contact. The delivery is subordinated to the fact that the purchaser is up to date on all his obligations towards the Company.

7. ONLINE ORDERS

For reasons of preparation time, all orders placed through FG INOX website after 4.00 pm, cannot be delivered the next day.

8. TRANSFER OF PROPERTY / TRANSFER OF RISKS

The transfer of property is carried out only after full payment of the purchase price, (interests, if relevant) as well as the all expenditures incurred in particular for transport, customs and recovering of funds. The resale of material is authorized if the purchaser expressly informs his customer of the existence of the clause of reserve of property and has his customer accept all the consequences. The transfer of the risks takes place at the forwarding of the products. It is up to the purchaser to make all reserves and to exert all recourses to the forwarder.

9. RESPONSABILITY

The materials are intended for professionals, who are considered to have ordered products which correspond to their needs. Buyers order the materials based on the descriptions of the products noted in the FG Inox catalogue. All additional information apart from the description of the products featured in the catalogue cannot be accepted.

FG INOX guarantees the products against hidden defects for the duration of one year. Under this guarantee, its only obligation will be the replacement of defective products. To profit from this guarantee, the purchaser will have to warn FG INOX in writing and without delay, of the hidden defects which appeared.

Concerning the material damages or all other direct or indirect damages resulting from these defects, FG INOX does not assume any wider responsibility than that defined in the preceding subparagraph. FG INOX guarantees the defects of the quality of the products if the purchaser expressly warns in writing within 10 days following their reception. The guarantee of FG INOX is agreed if the client respects the technical recommended use of the product. The checking of the adequacy of the material with the conditions of use is the purchaser’s responsibility.

10. EXCEPTIONAL CIRCUMSTANCES

Our Company shall be released from its obligations in case of any event beyond our control that prevents or delays the delivery of the products, contractually assimilated to “force majeure/exceptional circumstances”. This shall apply to events occurring at our premises or at our subcontractors’ premises, such as: lock-down, strike, fire, health crisis, pandemic, embargo, accidents such as tools related ones, machine breakdown, exceptional climatic hazards, interruption or delay with transport, impossibility of being supplied, defective raw materials, or any other event beyond our control leading to partial or total unemployment in our Company, or in our suppliers or subcontractors’ companies.

11. CLAIMS AND RETURN OF GOODS

The complaints must be formulated to the Company by registered letter with receipt acknowledgement in the 10 days following the reception of the products. Any return of material will have to be authorized beforehand by FG INOX and will involve the application of a 30 % restocking fee. An additional fee could be exercised if any reconditioning of the product is necessary.

It is the responsibility of the client to verify the condition and number of parcels received in the presence of the delivery company. Incase of a problem, in order to insure that the prejudice is followed up, a reserve must be made on the transport document (receipt) and a claim sent by recorded mail to the transportation company who made the delivery within 3 working days from the delivery date.

12. PAYMENT CONDITIONS

Time for payment : Our invoices are payable at the end of the month, 30 days from the invoice date by recovered bill of exchange. The calculation of the time for payment starts on the dispatch date of the goods.

Late payment penalties : For any payment that is late either in full or in part, late payment penalties shall be applied in the same amount as the amount resulting from the application of a rate equal to the interest rate applied by the European Central Bank to its most recent refinancing operation, plus 10 percentage points, calculated on a monthly basis. Furthermore, in accordance with the provisions of Article L.441-6 of the French Commercial Code stemming from Act No. 2012-387 of 22 March 2012, all late payments shall automatically give rise to the payment, by the Customer, of a fixed debt recovery fee amounting to at least 15% of the invoice total and, in all cases, of a minimum amount of 40 €.

13. ATTRIBUTIVE CLAUSE OF JURISDICTION

Should a friendly agreement not be reached, any dispute will be left to the exclusive competence of the commercial court of Lyon (France). If any administrative dispute regarding the present contract may rise regarding its validity, its interpretation, its execution, its cancellation, its consequences, and its follow-up will be submitted to the competence of the commercial court of Lyon (France).

14. PERSONAL DATA PROTECTION

Our company carries out computer processing for the purpose of managing its customer database, website, orders, customer services department and external communications. This processing uses the personal data of our customers or the recipients of deliveries in accordance with our customers’ instructions.

This data is subject to the provisions of the Data Protection Act No. 78-17 of 6 January 1978, as amended, the European regulations in force, including, inter alia, European Regulation No. 2016/679, and the recommendations of the French Data Protection Authority ("DPA” or “CNIL” – Commission Nationale de l’Informatique et des Libertés). If you would like information about this processing of your personal data by our company, please refer to our "Personal Data Protection Policy", available on our website.

If our company acts in the capacity as processor for its customers, who are controllers, the customers undertake to comply with all applicable regulations on personal data protection, including, inter alia, those that relate to individuals’ information in the context of the transmission of their personal data to our company for the purposes of performing the Agreement.

15. GOVERNING LAW

As express agreement between the interested parties, the present contract is governed and subject to French laws.

16. INTELLECTUAL PROPERTY RIGHT

The buyer commits to respect all of our company’s intellectual property rights, of which he declares that he is fully aware.

17. ANTI-CORRUPTION CODE OF CONDUCT

The customer accepts to comply with the anti-corruption laws and the Code of conduct of our company available on the following link:
Anti-Corruption Code of Conduct Thermador Groupe

18. MISCELLANEOUS

The fact that our Company does not respect some of the obligations requested by the buyer shall not result in the immediate termination of any relationship, such as referencing, cancellation of pending order and/ or the return of goods already delivered.

In the event that the buyer does not respect one or more of its obligations, our Company reserves the right to apply a 15% penalty of the amount of the last order and to cancel pending orders. The buyer won’t be entitled to claim any compensation in this respect.

19. RECOMMANDATIONS

All the opinions and advices, technical support and offers that we may give or make, do not imply any guarantee on our part. It is not our responsibility to assess the technical specifications or descriptions provided. It is the customer’s responsibility to verify the adequacy between the choice of equipment and the actual conditions of use.

1. APPLICABILITY AND ENFORCEABILITY

Unless otherwise agreed in writing by FG INOX, placing an order implies the buyer's full and unreserved adherence to these General Terms and Conditions of Sale (GTCS), to the exclusion of any other document and previous GTCS. Please note that offers issued by FG INOX are valid for one week, unless otherwise stated.

2. PRICES

Products are sold under the conditions and at the prices in effect on the day of written acceptance of the order or, in the absence of such acceptance, on the day of the order. Prices are exclusive of VAT. All costs related to the order are borne by the buyer. Any order for an amount less than €50 net (excluding VAT) will incur a supplement of €12 as administrative fees.

3. DISCOUNTS AND EARLY PAYMENT DISCOUNTS

In the event of cash payment or early payment relative to the date provided in the invoice, no discount will be applied.

4. INSURANCE

Our company is insured as follows: Post-delivery Civil Liability for a maximum of €10,000,000 for all accumulated damages, of which €5,000,000 per claim and per insurance year.

5. INTERNET ORDERS

For logistical reasons and preparation times, any order placed on the FG INOX website after 4:00 PM cannot be delivered the next business day.

6. ORDERS

Contracts and orders must be formally evidenced in writing. The contract is considered concluded only after written acceptance and confirmation by FG INOX. In case of modification of the GTCS or the agreed price compared to the standard rate, if the buyer does not present observations within 8 days of acceptance, the conditions mentioned in the written confirmation from FG INOX will apply.

7. DELIVERY AND PACKAGING

Exceeding the delivery terms agreed upon at the time of the order does not entitle the buyer to any damages or penalties. In case of sudden variations in the conditions obtained by FG INOX, the latter reserves the right to withdraw from the contract. Delivery is subject to the buyer being in compliance with all their obligations towards FG INOX.

8. TRANSFER OF OWNERSHIP AND RISKS

The transfer of ownership occurs only after full payment of the price (principal and interest), as well as all costs incurred (transport, customs, debt collection). The transfer of risks occurs at the time of shipment of the products (Ex-works). It is the buyer's responsibility to express any reservations and initiate necessary claims against carriers within the stipulated timeframes.

9. LIABILITY

As materials are intended for professionals, buyers are responsible for choosing products based on their needs. FG INOX guarantees products against hidden defects for a duration of one year. Under this guarantee, the only obligation will be the replacement of defective products. The buyer must notify hidden defects in writing within 10 days of their discovery. The guarantee is excluded in case of non-compliance with technical recommendations.

10. FORCE MAJEURE

Our company shall be released from its obligations for any event beyond its control that prevents or delays delivery, contractually assimilated to force majeure (strikes, fires, health crises, epidemics, embargos, accidents, adverse weather, transport interruptions, etc.).

11. COMPLAINTS AND RETURNS

Complaints must be made by registered mail with acknowledgement of receipt within 10 days of receipt. Every return must be previously authorized and will incur a 20% reduction in value. A further devaluation may be applied if repackaging is necessary.

12. PAYMENT CONDITIONS

Term: payment at 30 days end of month via bank receipt (LCR). Any delay will result in the application of penalties at the ECB rate plus 10 points, in addition to a minimum fixed indemnity of €40 for collection costs.

13. APPLICABLE LAW AND JURISDICTION

This contract is governed by French law. Any dispute will be submitted to the competent court of FG INOX's registered office.

14. PERSONAL DATA PROTECTION

Personal data is processed in accordance with current legislation and the GDPR. For further information, consult our Privacy Policy on the website.

15. SHIPPING AND PACKAGING CONDITIONS

Below are the general conditions for participation in shipping and administrative costs:

*Valid for Metropolitan France (excluding express and lengths exceeding 3 meters).

16. EMERGENCY ORDER (FG CHRONO 24H)

For urgent shipments via the FG Chrono 24h service, the following rates apply based on weight: