General terms and conditions of sale TEMO
Update 22 03 2022
The purpose of the present general terms and conditions of sale is to define the conditions under which the TEMO company markets its products to its professional customers.
The company TEMO SAS is a French simplified joint stock company with a capital of 74,130 euros, whose head office is located at 2 rue Alfred Kastler, Espace Entreprises IMT, 44300 Nantes, FRANCE, registered in the Trade and Companies Register of NANTES under the number 844 724 021. TEMO SAS is a company specialized in the construction of equipment for leisure craft. Telephone: +33 (0)2 51 85 80 04. Email: [email protected]
Terms and expressions used in these terms and conditions with a capital letter shall have the following meaning:
- « Customer» refers to any natural person over the age of majority who purchases one or more Products offered by TEMO on the Website, for purposes that are not part of his professional activity, and therefore has the status of a consumer within the meaning of the Consumer Code.
- « Customer Account » refers to the account created on the Website by any natural person over the age of majority and having the status of a consumer in order to purchase one or more Products.
- « General Terms and Conditions of Sale » refers to the present general terms and conditions of sale, applicable to the relationship between TEMO and the Customer.
- « Specific Conditions » refers to the specific conditions concluded between TEMO and the Client and whose purpose is to complete the present General Conditions of Sale, specifying in particular the nature and quantity of the Products supplied to the Client as well as the pricing and delivery conditions. The Specific Conditions are materialized by the summary page of the Customer's order, as confirmed by the Customer at the time he or she validates his or her payment.
- « Contract » refers to both the General Terms and Conditions of Sale and the Specific Terms and Conditions. The conclusion of the Contract is occasioned by the confirmation of the Special Conditions by the Customer, which implies his or her full and unreserved acceptance of the General Terms and Conditions of Sale.
- « TEMO » refers to the company TEMO whose legal notices appear in the Preamble.
- « Products» means the products offered for sale on the Website by TEMO, as described in Article 3.1 hereof..
- « Website » refers to the website hosted at the following address : www.temofrance.com
- « VAT» means French value added tax.
- « User» refers to any person registering on, and/or browsing the Website.
2. Acceptance of the General Terms and Conditions of Sale
The General Terms and Conditions of Sale determine the contractual conditions applicable to the relationship between TEMO and the Client.
The Client declares that he or she is a natural person over the age of majority with the capacity to conclude the Contract.
The Client is required to read carefully the General Terms and Conditions of Sale before purchasing a Product on the Website. The General Terms and Conditions of Sale contain important information on the rights and obligations of the Customer, as well as on the limitations and exclusions of liability of TEMO. By purchasing a Product on the Website, the Client confirms his or her full and unreserved adherence to the General Terms and Conditions of Sale, which is expressly acknowledged by the Client, who renounces, in particular, to avail him or herself of any other document that would be unenforceable against TEMO. If the Client does not accept the General Terms and Conditions of Sale, he or she is requested not to use the Products offered by TEMO.
3.1 - 3.1. Definition and characteristics of the Products
TEMO markets a range of innovative technological products facilitating the practice of boating. TEMO holds patents on some of the Products offered for sale.
The Products offered by TEMO are the subject of a general presentation on the Website. The Products supplied to the Customer by TEMO are detailed in the Specific Conditions.
The representation of the Products on the Website, in particular by means of photographs and graphics, may present minimal variations which will not affect the validity of the sale and will not engage the responsibility of TEMO.
TEMO undertakes to deliver a Product that conforms to that ordered. However, TEMO reserves the right to make any modifications to the Products that would be induced by their technical evolution.
3.2 - Use of the Products
TEMO.450: The Customer is expressly informed that TEMO.450, the electric outboard marketed by TEMO is exclusively intended for use as a propulsion unit on a boat tender or a small and light nautical craft (such as small sailing boats and small dinghies), in all cases less than 3 meters in length and less than 700kg in weight.
TEMO.1000 : The Customer is expressly informed that TEMO.1000, the electric outboard marketed by TEMO is exclusively intended for use as a propulsion unit on a boat tender or a small and light sailing boat (such as small sailing boats and small dinghies), in all cases less than 8 metres in length and less than 1 ton in weight.
3.3 - Price of the Products
The Products are offered at the prices displayed on the Website on the day of the validation of the order by the Customer.
The prices displayed on the Website are in Euros, including all taxes, including VAT, excluding packaging and delivery costs or any other possible additional costs, as specified on the summary page of the Customer's order. Any change in the VAT rate will be reflected in the price of the Products.
TEMO reserves the right to modify the prices displayed on the Website at any time.
3.4 Availability of the Products
The delay of availability of a Product is mentioned on the Website, in the corresponding description section.
In the event of unavailability of a Product after the Customer has placed an order, TEMO will immediately inform the Customer and communicate the new availability period.
4 . Creation of a Customer Account
To be able to place an order for Products, the User must first create a Customer Account by providing personal information.
The User who wishes to create a Customer Account on the Website is informed, at the time of the creation of the Customer Account, that he or she must for this purpose communicate personal data that will be processed by TEMO. The User must update as needed the information communicated to TEMO.
The User is solely responsible for the confidentiality of the information provided, as well as for his or her login and password that he or she provided when creating his or her Client Account. He or she commits to take all necessary measures to ensure the confidentiality of said login and password.
5. Registration on the opt-out list for cold calling
TEMO may need to collect the Client's telephone data.
In accordance with the French Consumer Code, the Customer is informed that he or she can register at any time on the list of opposition to telephone canvassing.
6 . Order
The Customer who wishes to order a Product on the Website must follow the following steps :
(i) Select each Product as well as the desired quantity and add it to the shopping basket;
(ii) Validate the contents of the basket once all the desired Products have been selected;
(iii) Identify himself/herself using his/her Customer Account or, if applicable, create a Customer Account beforehand;
(iv) Choose the method of delivery, the costs associated with each method of delivery being displayed on the Website;
(v) Check the details of the order and amend it if necessary;
(vi) Choose the method of payment and confirm full and unreserved acceptance of the General Terms and Conditions of Sale in force on the day of the order;
(vii) Check all the information on the order summary page before validating payment, and thus confirm the order with obligation to pay.
The Customer is invited to carefully check, before placing an order for Products, that the Products correspond to his or her needs.
TEMO cannot be held responsible for the Customer's failure to determine his or her needs or for the Customer's errors in the ordering process.
TEMO reserves the right to refuse any subsequent modification of an order placed by a Customer on the Website.
7. Financial Conditions
7.1. Amount to be paid
The amount to be paid by the Customer is the amount shown on the summary page of the Order before he or she validates his or her payment.
It includes in particular (i) the price of the Products ordered, in euros, including all taxes, including VAT, or excluding VAT depending on the Customer's location, (ii) packaging and delivery costs, as well as (iii) any other additional costs duly specified.
If applicable, all costs, duties and taxes related to customs clearance operations carried out by TEMO on behalf of the Customer in accordance with Article 10.5, if any, and which are the sole responsibility of the Customer, shall be added to the amount payable appearing on the order summary page.
The amount to be paid for a given order is payable in Euros and is in principle due in full at the time the Client validates his or her Order.
7.2. Payment of a deposit
Notwithstanding Article 7.1, TEMO may, at its discretion, propose to the Client that he or she proceed with the payment of a deposit which constitutes an advance payment to be applied against the final payment due under the terms of the Contract.
The payment of this deposit by the Client implies a firm commitment by TEMO and the Client, who does not benefit from the right of withdrawal, without prejudice to his or her right of withdrawal provided for in Article 11.
In such a case, the balance of the amount due for the order concerned must, in any case, be paid by the Client before the dispatch of the said order by TEMO..
7.3. Terms of payment
Payment of the price of the Products is made, at the Customer's choice, by credit card (Carte Bleue, Visa, Mastercard or American Express), by bank cheque issued by a bank domiciled in metropolitan France or by bank transfer.
In the case of payment by cheque or bank transfer, the latter must reach TEMO within five (10) working days following the date of the Order, which will only become final when the payment is actually completed. In the absence of receipt of the means of payment within the aforementioned period, a new Order will have to be issued by the Customer, at the rate in force on that date.
In order to avoid any risk of fraudulent payment, TEMO reserves the right to ask the Customer for any document proving his or her identity.
7.4. Transaction security
In order to protect the sensitive data related to the means of payment, the Website is subject to a SSL (“Secure Sockets Layer”) exchange security protocol. TEMO uses the System Pay secure payment service of Crédit Maritime.
TEMO does not have access to sensitive data related to the means of payment given by the Customer..
8. Processing of the Order
Following payment by the Customer, he or she will receive as soon as is possible an e-mail confirming the validation of his or her payment and the registration of his or her Order and the details of the Order. The Order is only considered final on the date of this e-mail, subject to the availability of the Products as referred to in Article 3.4 and subject, where applicable, to the effective receipt of the payment made by cheque or bank transfer.
The Customer will also be informed by e-mail of the dispatch of the Products ordered. The Customer has the option to follow the progress of the Order via his or her Customer Account.
Unless proven otherwise, the data recorded in TEMO's computer system constitute the proof of all the transactions concluded with the Customer. For a payment made by credit card, the data recorded by the payment system constitute the proof of the financial transactions concluded with the Customer.
9. Refusal or cancellation of an order by TEMO
The Products offered for sale by TEMO on the Website being exclusively intended for consumers, TEMO reserves the right to refuse an order from a Customer which would include an abnormally high number of Products with regard to the needs of a consumer, this number being at the discretion of TEMO.
Furthermore, TEMO reserves the right to refuse or cancel a Customer's order for any legitimate reason, notably in the case of incorrect entry of data related to the payment, rejection of the payment method used or non-receipt by TEMO within the required time period of the cheque or bank transfer or additional information requested if necessary to validate the Customer's payment.
The Customer will have to bear all possible costs necessary to resolve the problem, notably in case of refusal of payment by his or her bank.
10.1. Methods and costs of delivery
TEMO delivers Products within metropolitan France and the countries on whose territory the Products have been approved or certified by the competent authorities, as specified on the Website.The Products can only be shipped after TEMO has received full payment of the order amount.
The Customer will have to bear any reshipment costs related to an error on his or her part in the delivery address given. In the absence of the recipient at the time of delivery, the carrier will leave a delivery notice at the delivery address provided by the Customer. The Customer must then make a new appointment with the carrier or collect the Products at an address and according to the terms indicated by the carrier. If the Customer does collect the Products within the time limit communicated by the carrier, the Products will be returned to TEMO at the expense of the Customer for the delivery costs. Any request from the Customer for the return of the Products will be at the Customer's sole expense
10.2 . Delivery costs
The applicable delivery charges are indicated on the Website at the time of the Customer's choice of delivery method.
The amount due by the Customer in this respect is indicated on the order summary page before validation of payment by the Customer.
10.3. Delivery times
The delivery time indicated on the description sheet of each Product is an estimated average time corresponding to a delivery in metropolitan France.
The delivery time of a Product purchased by the Customer is indicated on the summary page of his order and starts from the validation of the order by TEMO as referred to in Article 8..
TEMO undertakes to inform the Customer as soon as possible by email in case of exceeding the deadline communicated to the Customer
The Customer may claim the cancellation of the Contract and the reimbursement of the sums paid for his order only under the following cumulative conditions:
(i) TEMO did not respect the deadline communicated to the Customer; and
(ii) The Customer, by registered letter with acknowledgement of receipt or any other durable medium, has unsuccessfully instructed TEMO to deliver the Product(s) ordered within a reasonable additional period of time.
If necessary, the Customer may terminate the Contract with TEMO, by registered letter with acknowledgement of receipt or any other durable medium. Unless it has been executed before receipt of the letter of termination, TEMO will proceed to the reimbursement of all sums paid by the Customer for the order in question, at the latest within fourteen (14) days following the date of receipt of the Customer's letter of termination.
In no case can TEMO be held responsible for the non-respect of the delivery deadlines due to a case of force majeure
10.4. Risks related to transport
The risks of loss and damage to the Products are transferred to the Customer at the time when the Customer, or a third party designated by the Customer, takes physical possession of the Products.
In accordance with article L. 133-3 of the French Commercial Code, the termination of TEMO's right to recourse against the carrier, in the event of damage or partial loss, takes place upon receipt of the transported items if, within three (3) days, not including public holidays, the recipient has not notified the carrier, by extrajudicial act or by registered letter, of his or her reasoned protest. This time limit may be extended in certain circumstances. .
Consequently, in order to allow TEMO to preserve its rights with regard to the carrier, the Customer is invited to (i) inform TEMO, upon receipt of the Products, in case of damage or partial loss of the ordered Products, at [email protected] and (ii) report this to the carrier concerned within three (3) days by registered letter.
In particular, the Customer is invited, in the event of damage noted on the package or the Products, (i) to refuse the package by indicating the words “Refused: Damaged Product” on the delivery receipt, or (ii) if the Customer nevertheless accepts the package, to issue, on the delivery receipt, all necessary reservations indicating the damage noted on the Products.
10.5. Customs clearance
The Customer who purchases Products on the Website expressly acknowledges that he or she authorizes TEMO to carry out, on behalf of the Customer, all formalities and customs clearance operations that may be necessary for the delivery of the Products to the delivery place indicated by the Customer.
Any costs, duties and/or taxes resulting from these customs clearance operations are exclusively borne by the Customer, who must pay them at the time of delivery of the Products.
11. Right of withdrawal
The stipulations of this article, Article 11, are exclusively applicable to Customers whose Product order has been delivered by TEMO within a territory of the European Union.
11.1. Methods of exercising the right of withdrawal
In accordance with the provisions of the French Consumer Code, the Customer has a right of withdrawal, under which he or she may decide to renounce his or her commitment to purchase Products, without having to justify his or her reasons or pay a penalty, for the purposes of exchange or reimbursement.
This right does not apply to Products that are made to the Customer's specifications or that are clearly personalised, in accordance with article L221-28 of the French Consumer Code.
The Customer must exercise his or her right of withdrawal within fourteen (14) calendar days following the date of receipt of the Product by the Customer or the third party designated by the Customer.
In the case of an Order comprising several Products delivered separately, the period shall run from the date of receipt, by the Customer or the designated third party, of the last Product of the Order concerned.
Before the expiry of this delay, the Customer must inform TEMO of his or her intention to exercise the right of withdrawal either by using the withdrawal form available in Appendix 1, which must be sent to TEMO by email or post, or directly from his or her Customer Account.
TEMO will acknowledge receipt of the Customer's request.
11.2. Methods of returning Products in the context of the right of withdrawal
The Customer having exercised his or her right of withdrawal as referred to in Article 11.1 must return the Product(s) concerned, at his or her expense, at the latest within fourteen (14) days following the communication to TEMO of his or her decision to retract, to the address of TEMO's registered office.
The risks related to the transport of the Products returned by the Customer are incumbent on the latter until the date of receipt by TEMO of the proof of shipment.
The Product being the subject of a return must imperatively be returned in its entirety (packaging, accessories, instructions, etc.) in perfect condition for resale.
In order to facilitate the processing of the return, the Customer is invited to attach a copy of the corresponding invoice.
In accordance with the French Consumer Code, the Customer may be held liable in the event of depreciation of the Product caused by handling other than that necessary to establish the nature, characteristics and proper functioning of the Product.
11.3. Exchange or refund
In the context of exercising his or her right of withdrawal as referred to in Article 11.1, the Customer may, at his or her option, request (i) the replacement of the Product or (ii) the reimbursement of the sums paid.
In the case of a refund request, TEMO will reimburse the Customer for the sums paid by the Customer at the time of the order, including delivery costs, if any, excluding any additional costs related to the choice of a more expensive delivery method than the standard delivery method proposed by TEMO. The costs related to the return of the Product remain the exclusive responsibility of the Customer.
In the case of exercise of the right of withdrawal on only part of the Products received, the delivery costs shall be reimbursed in proportion to the weight of the returned Products or, if the delivery costs have been calculated on a flat-rate basis, they shall not be reimbursed to the Customer.
Reimbursement will be made as soon as possible and at the latest on the date of receipt by TEMO of the returned Product or of receipt by TEMO of proof of dispatch of the Product by the Customer, whichever occurs first.
TEMO will proceed with the refund using the same means of payment as the one used by the Customer for the initial transaction, unless another means of payment is expressly agreed between the parties.
12. Legal guarantees
The main provisions relating to legal guarantees are reproduced in Appendix 2.
12.1. Legal guarantee of conformity
All Customers benefit from the legal guarantee of conformity pursuant to articles 1604 and following of the Civil Code and articles L 217-4 to L 217-13 of the Consumer Code.
Concerning the legal guarantee of conformity, the Customer:
(i) Benefits from a period of two (2) years from receipt of the Product;
(ii) May choose between repair or replacement of the Product, subject to the disproportionate cost of the solution chosen by the Customer;
(iii) Is exempted from providing proof of the existence of the Product's lack of conformity within twenty-four (24) months of receipt of the Product, or six (6) months for a second-hand product.
The legal guarantee of conformity applies, for the Customer, independently of any commercial guarantee that may have been granted.
The Customer may decide to implement the guarantee against hidden defects of the Product sold provided for in Article 1641 of the Civil Code and, in this case, choose between cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
When repair and replacement are impossible, TEMO will proceed, at the Customer's choice, (i) either to the reimbursement of the price paid by the Customer against return of the Product, (ii) or to a reduction of the price paid and conservation of the Product by the Customer.
In any case, only a price reduction can be proposed to the Customer if the lack of conformity is minor.
The exercise of this right by the Customer takes place at no cost to the latter, in accordance with the procedures for returning Products described in Article 12.3.
12.2. Guarantee against hidden defects
In accordance with Articles 1641 to 1649 of the Civil Code, every Customer shall benefit, for Products purchased from TEMO, from a guarantee against hidden defects, which can be exercised within two (2) years following the day the Customer became aware of the defect.
Under this warranty, TEMO will, at the Customer's choosing, (i) either refund the price paid by the Customer against return of the Product, (ii) or reduce the price paid and the Customer keep the Product.
12.3. Methods for returning Products under the terms of a legal guarantee
The Customer wishing to return a Product within the context of exercising of a legal guarantee must first inform TEMO by e-mail to [email protected], or by post to the address given in the Preamble.
TEMO will acknowledge receipt of the Customer's request and will communicate the necessary instructions for the return of the Product.
Reimbursement of Products judged to be non-compliant or defective will be made as soon as possible. The return costs will be paid by TEMO, on presentation of the supporting documents if necessary.
13. Processing of personal data
In accordance with (EU) Regulation 2016/679 (known as the “General Regulations on Data Protection” or “GDPR”) and with the French law n° 78-17 of January 6, 1978 modified, relating to data processing, files and liberties, TEMO is led, within the framework of the execution of the Contract, to collect personal data concerning the Customer. These data are subject to processing by TEMO, being necessary (i) for the execution of the Contract and, if need be, for the execution of pre-contractual measures taken at the Customer's request, (ii) for the respect of legal and regulatory obligations incumbent on TEMO and/or (iii) for the purposes of TEMO's legitimate interests.
Any natural person whose personal data are subject to processing by TEMO benefits from a right of access, rectification, deletion, portability, limitation and right to object to the processing of such data by TEMO.
More complete information is available in TEMO's Personal Data Protection Policy, attached hereto and accessible on the Website.
Any request for further information or to exercise the aforementioned rights should be sent by email to [email protected] or by post to TEMO, 2 rue Alfred Kastler, Espace Entreprises IMT, 44000 Nantes, FRANCE..
14. Intellectual property
The intellectual property rights attached to the Products, including in particular trademarks, drawings, plans, models and patents, are the exclusive property of TEMO or its partners. No license of use is granted to the Customer under these General Terms and Conditions of Sale.
15. General provisions
15.1. Partial non-validity
A contractual clause which is null and void does not lead to the nullity of the General Terms and Conditions of Sale, except for a compelling and decisive clause which is null and void that led one of the parties to contract.
15.2. Modification of the General Terms and Conditions of Sale
TEMO reserves the right to modify the General Terms and Conditions of Sale at any time. Consequently, the applicable General Terms and Conditions of Sale are those in force at the date on which the Customer places his or her Order.
15.3. Mediation - Applicable law - Jurisdiction
The General Terms and Conditions of Sale, and more generally the Contract, are subject to French law, to the exclusion of the provisions of the Vienna Convention on Contracts for the International Sale of Goods of 11 April 1980.
For any dispute related to the conclusion or execution of the Contract, the Customer must, prior to any other step, contact TEMO in order to seek an amicable solution. The Customer can send a written complaint by e-mail to: [email protected], or by post to the address mentioned in the Preamble.
In the absence of an amicable solution, the Customer is informed that, under the French Consumer Code, he may resort to conventional mediation, in particular with the Commission de la Médiation de la Consommation (Consumer Mediation Commission) or with the existing sectoral mediation bodies, whose contact details are given below, or to any alternative dispute resolution method in the event of a dispute.
14 rue Saint Jean
In accordance with Article 14 of (EU) Regulation No. 524/2013 of the European Parliament and of the Council of 21 May 2013 on the online settlement of consumer disputes and amending (EU) Regulation No. 2006/2004 and Directive 2009/22/EC, the said Consumer Customer is also informed of the existence of a platform for online dispute resolution (“ODR”) between consumers and professionals accessible at the following address: http://ec.europa.eu/odr. Without prejudice to the foregoing, any dispute that may arise in connection with the formation, performance or interpretation of this Agreement shall be submitted to the courts under the conditions of common law.
15.4. Language applicable to the Contract
The Contract is concluded in the French language. In the event of a translation of these General Terms and Conditions of Sale into a language other than French, only the French version shall be deemed valid between the parties, this English-language version being provided for information purposes only (Le Contrat est conclu en langue française. En cas de traduction des présentes Conditions Générales de Vente dans une langue autre que le français, seule la version française fera foi entre les parties, cette version anglaise étant fournie à titre d’information uniquement).
Sample withdrawal Form as referred to in Article 11.111.1
(This form must be completed and returned only if the Customer wishes to withdraw from the Order he or she has placed)
For the attention of :
Village by CA Atlantique Vendée
44300 NANTES, France
I hereby notify you of my withdrawal from the contract for the sale of the products below:
- Ordered on (Date) / Received on (Date)
- Order number: ...........................................................
- Customer name: ...........................................................................
- Customer address: .......................................................................
Customer signature (only required in the case of the use of this form on paper):
Provisions relating to statutory guarantees
Article L. 217-4 of the Consumer Code
The seller shall deliver goods in conformity with the contract and shall be liable for any lack of conformity existing at the time of delivery.
The seller shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation, if these were made or effected by the seller under the contract or were carried out under their responsibility.
Article L. 217-5 of the Consumer CodeThe goods are in conformity with the contract:
1° If they are for the use ordinarily expected of similar goods and, where applicable:
- if they correspond to the description given by the seller and have the qualities which the seller has presented to the buyer in the form of a sample or model;
- if they have the qualities that a buyer can legitimately expect in the light of public statements made by the seller, the producer or their representative, particularly in advertising or labelling;
2° Or if they have the characteristics defined by mutual agreement between the parties or if they are suitable for any special use sought by the buyer, brought to the seller's knowledge and accepted by the latter.
Article L. 217-12 of the Consumer Code
Any action resulting from lack of conformity shall be time-barred after two years from the date of delivery of the goods.
Article L. 217-16 of the Consumer Code
Where the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of movable goods, to restore the goods to their original condition covered by the guarantee, any period of immobilization of at least seven days shall be added to the period that the guarantee still has to run.
This period shall run from the date of the buyer's request for intervention or from the date on which the goods in question are made available for repair, if such availability is subsequent to the request for intervention.
Article 1641 of the Civil Code
The seller is bound by the warranty for hidden defects of the goods sold which render them unfit for the use for which they are intended, or which so diminish this use that the buyer would not have acquired them, or would have paid a lower price for them, had he or she known about such defects.
Article 1648 subparagraph 1 of the Civil Code
The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.