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GENERAL CONDITIONS OF THE COOL COMPANY AND USE OF THE WEBSITE WWW.LABOITEISOTHERME.COM


PART 1: STIPULATIONS COMMON TO ALL CONTRACTS

ARTICLE 1 – SCOPE OF THE GENERAL TERMS AND CONDITIONS OF USE OF THE SITE
The company COOL operates an activity of development and marketing of all products and processes intended for the chemical industry and in particular the production and marketing of processes, equipment and installations intended for the storage of cold or heat, in particular in the food sector and the pharmaceutical sector (hereinafter referred to as "products"). It also operates a website (www.laboiteisotherme.com).
These general conditions apply:
- To all agreements concluded by COOL with professional customers or consumer customers,
- At any visit to the website, by any user, the simple access to the site constitutes acceptance of these general conditions which will apply in particular to any agreement concluded on the said site,
- Aim to define the conditions of use of the site by any buyer.
They constitute the basis of the commercial negotiation and prevail over the purchase and/or contractual conditions of the co-contracting party, unless formally accepted in writing by COOL. Special conditions may however be granted to the customer, depending on the specifics of his requests. No service other than those referred to in the special conditions may be required by the customer, except with the written agreement of both parties.
These general contractual conditions are available to the user, at any time, on the website www.laboiteisotherme.com where they can be consulted directly and can also be communicated on request.
COOL is free to modify its general contractual conditions at any time. It is therefore advisable for all users to regularly refer to the latest version of the general conditions. In case of modification, the applicable conditions are those in force on the day of the visit of the site by the user or on the day of the conclusion of the contract by the customer.

ARTICLE 2 – DESCRIPTION OF THE SERVICES PROVIDED AND PRODUCTS SOLD
Section 2-1. Activities included
The purpose of these General Conditions is to define the conditions under which the COOL company:
- Sells products intended for the storage of cold or heat in the case of standard products, chosen by the customer either from a catalog or on the website www.laboiteisotherme.com mentioning its essential characteristics allowing any customer to choose a product suited to their needs.
- Provides design and manufacturing services for specific products such as plastic or metal containers, special liquids or gels, custom insulated packaging, specifically to meet the needs of a client. In this case, the technical description of the products to be produced is appended to the estimate. If the product desired by the customer is not achievable by COOL, the latter may refuse to perform the services requested by the customer.
- Provides thermal study services, i.e. thermal analysis reports of isothermal packaging with or without eutectic plates, calorimetric analyzes based on material samples.
In addition, the COOL company provides any user with a switchboard allowing, if necessary, to obtain additional information on its products: 04.75.85.32.75.
Section 2-2. Health and security
The products and advice given comply with the regulations in force relating to the safety and health of persons. They should be handled by responsible people. If there are specific safety requirements for certain products, these will be mentioned on the technical sheets of the said products, which can be accessed at any time on the website www.laboiteisotherme.com where they can be consulted directly and can also be communicated on request. .
Section 2-3. Terms of sale and product design
COOL offers the sale and design of products as well as all of its remote services, and in particular online sales via the website www.laboiteisotherme.com.

ARTICLE 3 – PRE-CONTRACTUAL OBLIGATION OF INFORMATION
Prior to the formation of the contract, the COOL company and the customer exchanged information. COOL is bound by an obligation to provide information and advice to its client, who expressly agrees that any communication of pre-contractual and contractual documents be carried out by any means, on any durable medium, and in particular by email and by electronic. As such, these general conditions are systematically sent or given to each customer to enable him to place an order.
The customer acknowledges having received from COOL all the necessary information, and in particular either the catalog describing the standard products, or the technical description describing the specific products to be designed or more generally the services to be provided in order to be able to assess the suitability of the products or services to its needs as well as taking all the necessary precautions for their use or operation. With regard to standard products, this information can also be consulted on the COOL website (www.laboiteisotherme.com). The COOL company offers the customer, after having inquired about his needs, products and services adapted to them.
The customer has the obligation to collaborate in good faith with the COOL company concerning, in particular, the definition of his needs and the choice of products and services adapted to his project. The customer is solely responsible for any errors or omissions made in this regard.
In the absence of sufficient information provided by the customer, the company COOL cannot be held responsible in the event of inadequacy of the products and services to the expectations of the latter.
When it comes to standard products, the customer can, prior to his order, take note of the essential characteristics of the products he wishes to order, either by consulting the website of the company COOL, or by consulting the catalog of products that COOL will communicate to them at their request. When it comes to specific products and more generally to services, the customer is informed of the characteristics of the services offered.
The photographs, graphics, dimensional or weight values or, for eutectic products, the level of filling, packaging or melting points appearing in the catalogue, the website or in the technical description, are given for information only. and can not constitute a contractual commitment of the company guaranteeing a perfect similarity between the product ordered and the product represented.

ARTICLE 4 – FORMATION OF THE CONTRACT
Section 4-1. Terms of formation of the contract
Orders are mainly made remotely, it being specified that they can never be made outside the establishment.
The contract formation process can be formalized in two ways:
1/ The COOL company communicates to the customer, by email or any other means, an estimate accompanied by these general conditions as well as any commercial documents including in particular the technical description of the products and/or services to be provided. The customer expressly consents to this communication being carried out by any means, on any durable medium, and in particular by email or electronically. It is specified that the customer can request a quote via the website www.laboiteisotherme.com or by phone call. The customer will validate the order by returning the signed estimate, and possibly accompanied by a stamp if it is a professional customer. The validation of the order entails for the customer acceptance of these general conditions, the recognition of having full knowledge of them and the renunciation of availing himself of his own conditions of purchase.
2/ An order can also be materialized by the issuance of a purchase order by the customer addressed to the company COOL, by email, or any other means. To be valid, the order must specify in particular the reference of the products, their description, the quantity, the agreed price, the order number issued by the customer as well as the delivery address (personal, professional or parcel relay address) and /or billing. By signing the order form, the customer accepts that the contract is subject to these general conditions, the recognition of having full knowledge of them and the waiver to avail himself of his own conditions of purchase.
In the two above-mentioned cases, the contract will only be concluded after COOL has sent an acknowledgment of receipt of the order, by email, or any other means, accompanied by a new sending of these general conditions. This order confirmation will include the order reference number assigned by the COOL company, the delivery time as well as any special provision derogating from these general conditions, and possibly the indication of difficulties or reservations raised by the order.
The purchase of products online (see article 21 of these general conditions), the signature by the customer of the estimate issued by the company COOL or the signature by the customer of the order form issued by the company COOL is worth validation by the customer the adequacy of the products offered to his needs, formation of the contract and acceptance by the customer of these general contractual conditions, the recognition of having full knowledge of them and the waiver to avail himself of his own general conditions of purchase.
Once the contract has been formed, no modification or unilateral cancellation can take place, except with the written agreement of the COOL company. Any sum paid in advance constitutes a deposit. Deposits paid are not refunded.
Section 4-2. Withdrawal for all contracts concluded remotely by a customer who is a consumer
In cases where the contractual documents are signed remotely, the rules relating to contracts concluded remotely and off premises provided for in the Consumer Code are applicable.
Under the conditions provided for by articles L.221-18 and following of the Consumer Code, the customer having the quality of consumer has a withdrawal period of fourteen calendar days from receipt of the products, it being specified that the consumer is only concerned by sales contracts, insofar as he cannot order a specific product or, more generally, a service. This withdrawal period does not benefit professional customers. The consumer informs COOL of his decision to withdraw by sending him, before the expiry of a fixed period, the standard withdrawal form or any other statement, unambiguous, expressing his wish to withdraw by email (administration @coolsarl.fr) or by registered letter with acknowledgment of receipt (COOL SAS, 478 Avenue Marie Curie, 07800 LA VOULTE SUR RHONE. The form can also be downloaded from the COOL website www.laboiteisotherme.com. When the deadline of withdrawal is exercised, the COOL company communicates to the consumer customer, without delay, an acknowledgment of withdrawal on a durable medium.When the period of fourteen days expires on a Saturday, a Sunday or a public holiday or non-working day, it is extended until first following business day.

The consumer customer returns the products no later than fourteen days following the communication of his decision to withdraw, it being specified that in view of the nature of the goods sold, he may be returned by post. The product must be returned new in its original packaging. Return costs are the responsibility of the consumer customer.
The COOL company reimburses the price paid as well as the delivery costs to the consumer customer no later than fourteen days following the date on which the latter informed him of his decision to withdraw. If within this period the products have not been returned to the COOL company, the latter shall be entitled to defer the reimbursement of the sums paid by the consumer client until the products are recovered or until the consumer client has provided proof of their shipment, the refund being made on the date of the first of these facts. The consumer customer assumes his responsibility in the event of deterioration of the products

ARTICLE 5 – PAYMENT
Section 5-1. Payment terms
An invoice, drawn up for each delivery and issued at the time of delivery, mentions the terms of payment.
Unless otherwise agreed, payments will be made under the following conditions:
• With regard to professional customers, the price is payable in cash on the day of the order (or following written agreements from the COOL company, the price is payable in full and in a single payment within a maximum of days indicated in the estimate at from the date of delivery);
• With regard to consumer customers, the price is payable in cash on the day of the order.
The following payment methods can be used:
- secure electronic payment by credit card directly on the merchant site, it being specified that said payment can also be made by telephone;
- by bank transfer addressed to COOL;
- by PayPal;
- by cheque.
Payments made by the customer will only be considered final after actual receipt of the sums due by COOL.
Section 5-2. Delays or defaults in payment
Section 5-2-1. With regard to consumer customers
Any amount not paid on the due date appearing on the invoice automatically entails, without prior notice, the application of late payment penalties of an amount equal to the legal interest rate plus five points. Indeed, the Parties have agreed that the customer will be put in default by the sole expiry of the term set for the payment period.
In the event of late payment or non-payment, COOL shall be entitled to suspend any delivery or service in progress, without prejudice to any other course of action.
In the event of non-payment, fifteen days after a formal notice remained unsuccessful, the contract will be automatically terminated in accordance with the provisions of article 10 below.
Section 5-2-2. With regard to professional customers
Any amount not paid on the due date appearing on the invoice automatically entails, from the day following the payment date shown on the said invoice and without any prior formality being necessary, the application of late payment penalties of one amount equal to the legal interest rate increased by five points as well as a lump sum compensation for recovery costs in the amount of €40 in accordance with Article L.441-10 of the Commercial Code. Failure to pay on the due date also automatically entails forfeiture of the term for all sums owed by the customer to COOL under all current contracts.
In the event of late payment, COOL will be entitled to suspend any delivery or service in progress, without prejudice to any other course of action.
In the event of non-payment, fifteen days after a formal notice remained unsuccessful, the contract will be automatically terminated in accordance with the provisions of article 10 below.

ARTICLE 6 – DELIVERY
Section 6-1. Delivery of standard or custom products
Section 6-1-1. Delivery terms
Whether the contract relates to the sale of standard products, or to the design of specific products, the products will be delivered.
Each delivery is accompanied by a delivery note mentioning in particular the delivery date, the product reference, and the delivery address (personal, professional or parcel relay address). Delivery is made in accordance with the order acknowledgment by delivery to a shipper or carrier of COOL's choice from its premises.
The customer will be informed, by any means, of the date of departure of the products from COOL's premises and of the expected delivery date. In the event of the customer's absence on the day of delivery, the latter will make it his business to withdraw his order under the conditions indicated on the delivery notice or the email he will have received.
Section 6-1-2. Transportation
- For the transport of products ordered via the commercial site www.laboiteisotherme.com, delivered in metropolitan France, Corsica, Monaco, Belgium and Luxembourg, Spain, the United Kingdom, the company COOL supports the organization of transport, the cost of which is invoiced to the customer in accordance with the stipulations on the estimate or the order confirmation, unless there is a more favorable specific stipulation.
For other territories, or in the event that the order is made outside the merchant site www.laboiteisotherme.com, the customer will be responsible for organizing transport.
- With regard to professional customers, the transport costs indicated in the quote are the responsibility of the customer.
- With regard to consumer customers, unless otherwise stipulated, the transport costs invoiced are calculated according to the total weight of the products ordered.
Section 6-1-3. Time limit
The products will be delivered within a maximum period indicated in the special conditions, and in particular in the quotes.
Section 6-1-4. Late or non-delivery
The COOL company takes the best care to deliver the products on time.
With regard to contracts concluded with a professional client, the deadlines set are only indicative. No delay may give rise to cancellation or resolution of the order by the customer, to a postponement of payments beyond the scheduled deadlines, nor to the modification or cancellation of the order, nor to the payment of compensation or penalties of any nature whatsoever.
With regard to contracts concluded with a consumer customer, the contract is not automatically resolved in the event of late delivery. The consumer customer undertakes to inform COOL without delay and by any means (by e-mail, etc.). The customer may then either maintain his order or, in the absence of agreement between the parties on any compensation, terminate it under the conditions of article L.216-6 of the Consumer Code.
In any case, the non-delivery cannot engage the responsibility of the COOL company in the event of impossibility of delivery due to an error or an oversight emanating from the customer when entering the delivery details.
For sales of standard products, deliveries are only made according to availability and in the order of arrival of orders. For products to be designed, deliveries are made only after the design and manufacture of the products. COOL is authorized to make deliveries in whole or in part.
In any case, the COOL company is entitled to suspend any delivery within the deadlines if the customer is not up to date with his obligations towards it, whatever the cause.
The customer acknowledges that the signature of the delivery note constitutes confirmation of delivery and that he cannot therefore claim a lack of delivery.
Section 6-1-5. Transfer of risk
With regard to professional customers, the products travel at the risk and peril of the customer, to whom it belongs in the event of damage or missing to make all necessary observations and to confirm his reservations by extrajudicial act or by registered letter with acknowledgment of receipt. with the carrier within three days, not including public holidays, following receipt of the goods.
With regard to consumer customers, the products travel at COOL's risk and peril, unless, pursuant to article L.216-3 of the Consumer Code, the consumer entrusts the goods to a carrier other than that offered by the COOL company, in this case, the risk of loss or damage to the goods is transferred to the consumer when the goods are handed over to the carrier.

Section 6-1-6. Reception and compliance
Without prejudice to the arrangements to be made vis-à-vis the carrier, the number and condition of the products must be checked on delivery in the presence of the carrier. Any complaints on apparent defects or on the non-conformity of the products delivered with the products ordered or the packing slip, must be formulated in writing by the customer on the delivery note, and be brought to the attention of COOL. by email within three days, not including public holidays following receipt of the products. Failing this, the products will be deemed irrefutably in conformity in quantity and quality with the order form.
It will be up to the customer to prove by means of any supporting document the reality of the apparent defects, breaches, non-conformities or anomalies noted. He must allow the COOL company every facility to proceed with the observation of these defects and to remedy them. He will refrain from intervening himself or having a third party intervene for this purpose.
Non-conformities and proven shortages will, at COOL's choice, be reimbursed or replaced as soon as possible. In any case, the existence of non-compliance or missing items will not entitle the customer to either the cancellation of the order or the award of damages.
Section 6-2. Delivery of any other service
The provision, by COOL to the client, of the deliverables resulting from the services provided, in particular for studies and analyses, constitutes the delivery thereof. Delivery can be made by sending a digital and/or paper file, or delivered by hand.
It is indicated that the work files of the COOL company will not be transmitted to the customer and remain the entire property of the COOL company in order to protect the know-how of the latter.

ARTICLE 7 – TRANSFER OF OWNERSHIP
With regard to a customer having the quality of professional, the transfer of ownership of the products, or the deliverables, for the benefit of the customer will be carried out on the day of the complete payment of the price. The customer may nevertheless resell the products as part of the normal operation of his establishment. In the event of resale, the customer then assigns to the COOL company all claims arising for its benefit from the resale to the third-party purchaser.

ARTICLE 8 – LOYAL AND GOOD FAITH BEHAVIOR
The Parties undertake to always behave towards each other as loyal partners in good faith, and in particular: to perform the obligations arising from the Contract in good faith; to bring to the attention of the other Party without delay, any dispute or any difficulty that it may encounter in the context of the execution of these general conditions.

ARTICLE 9 – INTELLECTUAL PROPERTY
All the elements reproduced or used in the documentation communicated (catalogues, etc.) as well as on the site www.laboiteisotherme.com (trademarks, computer applications, photographs, texts, illustrations, images animated or not, video sequences, sounds, etc. ) are protected by intellectual property. Any alteration, modification, replacement, reproduction, exploitation, distribution or use for any reason whatsoever, even partially, of any of these elements, is strictly prohibited and exposes its author to prosecution, except with the express and prior authorization of COOL company.

ARTICLE 10 – CANCELLATION CLAUSE
In accordance with the provisions of article 1225 of the Civil Code, the contract will be terminated automatically (i.e. without recourse to a judge) in the event of non-performance by one of the parties of the obligations imposed on it by this contract detailed below and in particular:
- Obligations of the COOL company: obligation to deliver; obligation of loyalty and good faith, and more generally the obligations defined in Articles 3, 6, 8 and 20 of these general conditions;
- Obligations of the customer: obligation to pay the price; obligations relating to intellectual property rights; obligation of loyalty and good faith and more generally the obligations defined in Articles 3, 5, 6, 8, 9, 20 and 21 of these general conditions;
This resolution will be acquired after a formal notice sent by the creditor of the unexecuted obligation to the defaulting party, by registered letter with acknowledgment of receipt, and remained unsuccessful for a period of fifteen days after receipt. This formal notice expressly mentions this termination clause.
The resolution will take place, without prejudice to the right of the injured party to claim damages under these conditions.
Apart from the cases referred to above, the Parties retain the possibility of unilaterally terminating the contract under the conditions set out in article 1226 of the Civil Code.

ARTICLE 11 – FORCE MAJEURE
Article 11-1. Definition
The Parties cannot be held liable if the non-execution or the delay in the execution of any of their obligations, as described herein, results from a case of force majeure, within the meaning of Article 1218 of the Civil Code.
By express agreement, constitutes in particular a case of force majeure: fire, flood, water damage, storm, hurricane, war, strike (total or partial), explosion, epidemic, pandemic, roadblock, landslide, power failure , drought, hail, ice, economic crisis, attack.
The Party noting the event must immediately inform the other Party of its impossibility to perform its service and justify it to the latter. The suspension of the obligations can in no case be a cause of liability for non-execution of the obligation in question, nor induce the payment of damages or late payment penalties.
The performance of the obligation is suspended for the duration of the force majeure if it is temporary and does not exceed two months. Consequently, as soon as the cause of the suspension of their reciprocal obligations disappears, the Parties will make every effort to resume the normal performance of their contractual obligations as quickly as possible. To this end, the prevented Party will notify the other of the resumption of its obligation by registered letter with acknowledgment of receipt or any extrajudicial act. If the impediment is definitive or exceeds six months, the present will be purely and simply resolved according to the methods defined in article 10 above of these general conditions.
Section 11-2. Resolution for force majeure
Termination by operation of law for force majeure, notwithstanding the Termination Clause and unilateral termination appearing above in Article 10, may only take place one month after receipt of formal notice notified by registered letter with request acknowledgment of receipt or any extrajudicial act. This formal notice must mention the intention to apply this clause.

ARTICLE 12 – CUSTOMER SERVICE
For any question or difficulty related to the use of the site, whether it is a request for assistance in the use of the service or a question relating to the orders, the customer can address his complaints to the following address: administration@coolsarl.fr or by registered letter with acknowledgment of receipt to the address COOL SAS, 478 Avenue Marie Curie, 07800 LA VOULTE SUR RHONE or contact customer service by telephone at 04.75.85.32.75.

ARTICLE 13 – INSURANCE AND LIABILITY
COOL is insured for all the usual risks of its activity and at the usual level of the profession.
It provides its customers with valid certificates and guarantee tables, the contact details of the insurer as well as the geographical coverage of the contract or commitment.
By express agreement, which is a substantial condition of the contract, the professional customer waives all recourse of any kind whatsoever beyond the guarantee limits of the COOL company.

ARTICLE 14 – PROTECTION AND PROCESSING OF PERSONAL DATA
Article 14-1. Purposes and methods of processing
Within the framework of their contractual relations and for the proper execution of these, COOL will be required to collect and process the customer's personal data, in particular the names, address and telephone number, in compliance with the EU Regulation No. 2016/679 of April 27, 2016 and Law No. 78-17 of January 6, 1978 known as “Informatique et Libertés”. Failure to communicate this information will prevent the conclusion of any contract. The customer expressly consents to the collection and processing of his personal data by COOL.
The purpose of the collection and processing of the customer's personal data is the conclusion and execution of the contracts concluded within the framework of these general conditions and in particular the methods of transport of the products, the respect of the legal and regulatory obligations resulting therefrom. that the pursuit of the legitimate interests of the company COOL (prospecting, animation and management of the relationship with its customers and prospects).
The COOL company will keep the personal data collected in this context for the duration of the resulting commercial relationship plus the applicable limitation periods.
The data collected will be processed exclusively by COOL, its employees and collaborators.
All useful measures are taken to preserve the security, confidentiality and integrity of the data collected and any misuse of this data.
Section 14-2. The rights of data subjects
Natural persons concerned by the protection of their personal data have the right to request access, rectification, erasure and portability of personal data concerning them, as well as the right to request the limitation or object to the processing to which these data are subject. They also have the right to lodge a complaint with the CNIL. Finally, these same people have the right to define the directives relating to the fate of this personal data after their death. These rights can be exercised by writing to COOL at the following address: COOL SAS, 478 Avenue Marie Curie, 07800 LA VOULTE SUR RHONE, or by sending an email to the following address: administration@coolsarl.fr.

ARTICLE 15 – TELEPHONE PROCUREMENT
Pursuant to Article L.223-2 of the Consumer Code, insofar as the customer's telephone data may be collected, the latter is informed that he has the right to register on the opposition list. cold calling on https://www.bloctel.gouv.fr.

ARTICLE 16 – MEDIATION APPLICABLE IN CONSUMER LAW
Under the conditions determined in articles L.611-1 and following of the Consumer Code, all consumers have the right to have free recourse to a consumer mediator with a view to the amicable resolution of the dispute between them and a professional. The parties remain free to accept or refuse the use of mediation.
Consumer means any natural person who acts for purposes that do not fall within the scope of his commercial, industrial, craft, liberal or agricultural activity.
In the event of persistence of a dispute despite a prior amicable written complaint directly addressed to COOL, the consumer can therefore seize the following mediator:
Drôme Mediation Center
CMD consumer mediation center
10 Place des Clercs
26,000 VALENCIA
Such. : 07 88 82 55 42
mediationconsodrome@gmail.com
(Misters Alain HENRY – Chairman / Mr Bernard GRANGE – Administrator)
The solution proposed by the mediator is not binding on the Parties to the contract.
In the event of failure of mediation, each of the parties may seize the competent judge in accordance with the provisions of the Code of Civil Procedure and/or these general conditions.

ARTICLE 17 – APPLICABLE LAW AND COMPETENT JURISDICTION
Section 17-1. Applicable law
This contract is subject to French law and can only be interpreted in its French version.
When the contract is concluded with a consumer client established outside of France, the parties agree that the contract is governed by French law. This choice cannot, however, have the result of depriving the consumer of the protection afforded to him by the provisions which cannot be derogated from by agreement under the law which would have been applicable, in the absence of choice, it being specified that at certain conditions, this law may be that of the country where the consumer client is established.
The applicable law concerning the form of the contract is that of the country in which the consumer has his habitual residence, in accordance with Article 11 of Regulation (EC) No. 593/2008 of the European Parliament and of the Council of 17 June 2008, on the law applicable to contractual obligations.
Section 17-2. Jurisdiction
ANY DISPUTE BETWEEN THE PARTIES ARISING FROM THIS AGREEMENT (CONCERNING ITS VALIDITY, ITS INTERPRETATION, ITS EXECUTION, ITS TERMINATION ETC) WILL BE SUBJECT TO FRENCH LAW AND, SUBJECT TO THE QUALITY OF MERCHANT OF THE COCONTRACTOR OF THE COOL COMPANY, WILL BE IN THE JURISDICTION OF COURT AT COOL'S HEAD OFFICE, THIS NOTWITHSTANDING ANY CLAUSE TO THE CONTRARY APPEARING ON THE DOCUMENTS EXCHANGED BETWEEN THE PARTIES.

PART 2: SPECIFIC PROVISIONS FOR SALE CONTRACTS FOR STANDARD PRODUCTS

In addition to the application of the stipulations common to all the sales contracts of articles 1 to 17 of these general conditions, the following stipulations are applied concerning the standard product sales contracts chosen from the catalog or from the website www.laboiteisotherme.com .

ARTICLE 18 – AVAILABILITY
The COOL company undertakes to honor orders that are concluded remotely only within the limits of available stocks.
In the absence of availability, COOL undertakes to inform the customer as soon as possible by e-mail or by telephone. It undertakes to supply the product within three weeks of payment of the order. However, the customer retains the option, in the event of unavailability of the product ordered, either to cancel or to modify his order. In the event of cancellation for unavailability, the customer will be reimbursed within fourteen days of receipt of his cancellation request.

ARTICLE 19 – PRICES
The products are sold by the COOL company according to the prices in force at the time the order is placed. For distance sales, they are indicated in the product catalog as well as on the website. They are net, transport not included and are indicated both excluding taxes and all taxes included. These prices may be modified by COOL at any time.

ARTICLE 20 – GUARANTEES
Section 20-1. With regard to buyers having the quality of professional
Section 20-1-1. Legal guarantee
The professional customer must ensure the conformity of the products on delivery and report to the COOL company any non-conformity, damage or apparent defect on the delivery slip. Failing this, the products are deemed to be compliant and free from any apparent defect.
The products sold by COOL are guaranteed against hidden defects in accordance with articles 1641 and following of the Civil Code from the date of delivery.
Under this guarantee, the only obligation incumbent on the COOL company will be, at its option, either the replacement of the product, or the reimbursement of the price paid by the professional customer. Any shipping costs are the responsibility of the professional customer who cannot claim any compensation for immobilization due to the application of the guarantee.
In any case, the professional client refrains from intervening himself or having a third party intervene. Failing this, COOL cannot be held liable. The implementation of this warranty shall in no case have the effect of extending the warranty period for the products.
Section 20-1-2. Disclaimer of warranty
With regard to professional customers, this warranty does not apply to damage that is not directly and exclusively attributable to the COOL company and in particular in the event of apparent defects not denounced under the aforementioned conditions; defects and deterioration caused by natural degradation; negligence; lack of maintenance; force majeure; fires; water damage; of strike ; abnormal use of the product(s); product modifications not anticipated or specified by COOL; defects due to misuse or insufficient or inappropriate maintenance; possible operating losses.
Section 20-1-3. Warranty Limitation
In the event that the contractual liability of the COOL company is engaged, it will be limited to the amount due or paid by the professional client to the COOL company under the agreement concerned. This sum is supposed to repair all damages suffered by the professional client, whatever their nature.
In addition, this guarantee does not apply when the professional customer has the same specialty as the COOL company.
Section 20-2. With regard to purchasers having the quality of consumer
The consumer customer must ensure the conformity of the products and report any non-conformity or apparent defect on the delivery slip. Failing this, the products are deemed to be compliant and free from any apparent defect.
Articles L.211-2 and D.211-2 of the Consumer Code require the professional to reproduce the following box:

The consumer has a period of two years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the consumer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the goods provides for the continuous supply of digital content or a digital service for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the expected supply period. During this period, the consumer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date of appearance of the latter.
The legal guarantee of conformity entails the obligation for the professional, where applicable, to provide all the updates necessary to maintain the conformity of the good.
The legal guarantee of conformity gives the consumer the right to repair or replace the goods within thirty days of his request, free of charge and without major inconvenience for him.
If the good is repaired within the framework of the legal guarantee of conformity, the consumer benefits from a six-month extension of the initial guarantee.
If the consumer requests the repair of the good, but the seller imposes the replacement, the legal guarantee of conformity is renewed for a period of two years from the date of replacement of the good.
The consumer can obtain a reduction in the purchase price by keeping the goods or terminate the contract by being reimbursed in full against return of the goods, if:
1° The professional refuses to repair or replace the good;
2° The repair or replacement of the goods takes place after a period of thirty days;
3° The repair or replacement of the good causes a major inconvenience for the consumer, in particular when the consumer definitively bears the cost of taking back or removing the non-compliant good, or if he bears the cost of installing the repaired good or of substitution ;
4° The non-conformity of the good persists despite the seller's attempt to bring it into conformity which has remained unsuccessful.
The consumer is also entitled to a reduction in the price of the goods or to the resolution of the contract when the lack of conformity is so serious that it justifies the reduction of the price or the resolution of the contract being immediate. The consumer is then not required to request the repair or replacement of the good beforehand.
The consumer is not entitled to rescind the sale if the lack of conformity is minor.
Any period of immobilization of the property with a view to its repair or replacement suspends the guarantee which remained to run until the delivery of the restored property.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs the implementation of the legal guarantee of conformity in bad faith incurs a civil fine of a maximum amount of 300,000 euros, which may be increased up to 10% of the average annual turnover ( article L. 241-5 of the consumer code).
The consumer also benefits from the legal guarantee against hidden defects pursuant to articles 1641 to 1649 of the Civil Code, for a period of two years from the discovery of the defect. This warranty gives the right to a price reduction if the property is kept or to a full refund against return of the property.

Section 20-3. Methods of implementation of the guarantees-
Any complaint may be sent to COOL at the contact details mentioned in the article “CUSTOMER SERVICE” (article 12 of these general conditions).
It will be up to the customer to provide any justification as to the reality of the hidden defects noted and in particular as to the reality and the existence of the defects noted prior to the sale.
He must allow the COOL company every facility to proceed with the observation of these defects.
COOL reserves the right to proceed directly or through an agent, to any observation and verification on site. In any event, the company can only assume liability under the warranty for hidden defects under the conditions defined above if the customer has made normal transport and use of the products, has not modified them in any way. any way and stored, preserved and handled them to ensure that they were kept in good condition.

PART 3: SPECIFIC PROVISIONS FOR COMPANY CONTRACTS

In addition to the application of the stipulations common to all the sales contracts of articles 1 to 17 of these general conditions, the following stipulations are applied concerning the contracts for the design of specific products and the provision of services consisting in particular of studies and analyses. It is specified that this part only applies to professional clients, insofar as consumer clients cannot request the design of specific products or studies or analyses.

ARTICLE 21 – PROVISION OF SERVICES
Section 21-1. Design of specific products
Section 21-1-1. Research and development
When the client asks COOL to design and manufacture a new product, the latter must implement a research and development phase.
The phase relating to research and development for the design of a specific product internal to COOL, which will not be accountable to the customer. The customer may not require the performance of tests or proofs.
Section 21-1-2. Obligation of means
With regard to the design of a specific product, COOL is only bound by an obligation of means. It must make every effort to develop a product that meets the customer's expectations, recorded in the technical description appended to the estimate. In any event, if the customer's expectations are not achievable, the COOL company may refuse to carry out the research and development services. The technical description can be reworked in order to achieve a result that meets its expectations.
Section 21-1-3. Product design time
The services will be carried out within a maximum period indicated in the estimate. These deadlines are combined with the delivery deadlines, so that the deadline for providing the service by the COOL company means the product design deadlines plus the delivery deadlines (see article 6-1 of these general conditions). With regard to professional customers, the execution times are indicative. Exceeding deadlines cannot give rise to damages, penalties or termination of contracts in progress.

Section 21-2. Other services
Section 21-2-1. Description of the obligations of the COOL company
The COOL company performs the services, such as studies or analyzes in accordance with what is provided for in the estimate.
As such, COOL is only bound by an obligation of means.
Section 21-2-2. Completion time
The services will be carried out within a maximum period indicated in the estimate. At the end of the deadline, COOL will deliver the deliverables in accordance with article 6-2 of the general conditions. With regard to professional customers, the execution times are indicative. Exceeding deadlines cannot give rise to damages, penalties or termination of contracts in progress.
Section 21-3. Intellectual property rights
All intellectual property rights that may arise during the design of new products by the COOL company, or by the provision of services remain acquired by the latter, which shall under no circumstances be required to assign or transfer them. concede to the client, except by special agreement accepted by COOL.
Thus, under no circumstances may the customer have the studies, projects, prototypes and documents produced by COOL, which remain the property of the latter. Consequently, they cannot be used, reproduced, patented, deposited or communicated to third parties by the customer without the written authorization of COOL.

ARTICLE 22 – PRICES
The products are designed and the services are provided by the company COOL according to the prices in force on the day of the signature of the estimate. This price includes in particular the cost of research and development as well as that of the manufacture of specific products if necessary. They are net, transport not included and are indicated both excluding taxes and all taxes included.

ARTICLE 23 – SUBCONTRACTING
The customer expressly accepts that COOL subcontracts all or part of the services it is required to perform.


PART 4: SPECIFICITIES OF SALES CONCLUDED ONLINE AND CONDITIONS OF USE OF THE WEBSITE

In addition to the application of the stipulations common to all the sales contracts of articles 1 to 17 of these general conditions, as well as the specific stipulations applicable either to the sales contracts or to the service provision contracts, the stipulations following concerning the specifications related to the sales concluded on line and the conditions of use of the website.

ARTICLE 24 – FORMATION OF THE SALE CONTRACT FOR STANDARD PRODUCTS
Article 24-1. Order
The formation of any contract takes place as follows:
1/ connection of the user to his personal account using the username and password chosen by the user when creating this account. With regard to the creation of his personal account, the user undertakes to provide accurate and complete information and to keep it up to date without delay. In the event that the user provides inaccurate, outdated or incomplete information, COOL reserves the right to suspend or prohibit access to all or part of the site. Regarding the username and password chosen by the user, they are personal and confidential. The user has the possibility to modify them online at any time. The modification of his username or password by the user will automatically invalidate his previous username or password. The user is fully responsible for the use of his username or password. Any connection to the site or transmission of data made from the username or password of the user will be deemed to have been made by the latter. The user therefore undertakes to keep his username and password secret and refrains from disclosing them in any form whatsoever to third parties. In the event of loss, theft or accidental disclosure of his username or password, the user must modify them without delay. Any loss, theft, misappropriation or unauthorized use of access codes and their consequences are the responsibility of the user. In the event of forgetting the password, the company COOL offers the user a device allowing him to recover as soon as possible, by e-mail, a new access code.
2/the user selects one or more products from the online catalog;
3/ the user provides the billing and/or delivery address;
4/ the user chooses the delivery method from among the various proposals (in particular at home, professional or in a parcel relay),
5/ the user validates his order after having checked his selection. He can then check the details of his order, the conditions of his order as well as its total price excluding and including tax and correct any errors.
6/ The user selects the method of payment for his order.
7/ The user confirms his order and his payment. This action is assimilated to the handwritten signature referred to in Article 1467 of the Civil Code and to the conclusion of a contract in electronic form within the meaning of Articles 1127-1 and 1127-2 of the French Civil Code. On this occasion, he must also tick a box reminding him to read the general conditions and inviting him to accept them. This confirmation leads to the formation of the contract and constitutes acceptance of these general contractual conditions in their version applicable on the date of placing the order, the acknowledgment of having read them and the waiver to avail oneself of other contractual conditions. All the data provided and the confirmation of the order are recorded on a reliable and durable medium by the COOL company and can be recorded by the customer. They will be worth proof of the transaction.
Article 24-2. Order confirmation
The COOL company communicates without delay the confirmation of the registered order in the form of an e-mail sent to the address communicated by the customer when creating his personal account. This order confirmation refers to these general conditions and also includes all the information communicated by the customer and the terms of the order with an indication, where applicable, of any difficulties or reservations raised by the order as well as the reference number of the order assigned by COOL.
Section 24-3. Withdrawal for any contract concluded remotely by a customer who is a consumer
It is recalled the stipulations of article 4-2 of these general conditions concerning the right of withdrawal of the consumer customer having concluded a distance contract, which are applicable to contracts concluded online according to the same methods and under the same conditions.

ARTICLE 26 – QUOTE REQUEST SERVICE
The customer may request, by means of a dedicated space on the website www.laboiteisotherme.com, the realization of a free estimate and without obligation by the company COOL by recording his needs.

ARTICLE 27 – WEBSITE
Section 27-1. Access to the site
The site is accessible free of charge to any user with internet access. The equipment (computer, telephone, software, means of telecommunication, etc.) allowing access to the site are the sole responsibility of the user, as are the telecommunications costs incurred by their use. The user is solely responsible for the proper functioning of his computer equipment as well as his access to the Internet.
Section 27-2. Operation of the website
The COOL company is subject to an obligation of means as to the operation of the site www.laboiteisotherme.com. Consequently, it undertakes to implement all reasonable means at its disposal to secure access, consultation and use of the site in accordance with the rules of use of the Internet.
The site is accessible 24 hours a day, 7 days a week except in the event of force majeure or the occurrence of an event beyond the control of the company and subject to any breakdowns and maintenance interventions necessary for the proper functioning of the site. Maintenance interventions may be carried out without the users having been notified in advance.
It is up to the user to take all appropriate measures that he deems useful in order to protect his own data and/or software and/or hardware from the risk of contamination by possible viruses or other computer infections circulating on the network. internet, the company www.laboiteisotherme.com (COOL sas) cannot under any circumstances be held responsible for any contamination.
Section 27-3. Cookies
Some personalized services on the site use temporary cookies for their proper functioning. The shelf life of this information in the user's computer is twelve months from its placement.
The user's consent will be collected expressly and beforehand when browsing the site. During the first user session on the website, a cookie banner will appear on the home page. A clickable link allows you to find out more about the usefulness and operation of cookies. Despite the global acceptance, the user retains the possibility of consenting specifically to each purpose. At any time, the user can choose to disable cookies. The user's browser can also be configured to report the cookies that are placed in the browser software and ask to accept them or not and in this case, the user can accept or refuse cookies on a case-by-case basis or consistently refuse. The user's attention is drawn to the fact that the setting is likely to modify the conditions of access to content requiring the use of cookies. It is recalled that the deletion of certain cookies is likely to modify the conditions of access to the website.
The user is informed that continuing to browse on another page of the site or selecting an element of the site (image, link, "search" button, etc.) does not constitute acceptance of the use of cookies.
Article 27-4. Hypertext links
The site www.laboiteisotherme.com offers or may offer hypertext links to other sites. Insofar as COOL has no influence on the content of these sites, it assumes no responsibility for the availability of these resources, and cannot be held responsible for their accessibility or content.


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