General Terms and Conditions of Sale
Article 1 – Purpose
The purpose of these General Conditions of Sale is to define the terms and conditions under which THIRIEZ offers and sells its products to its distributors (hereafter referred to as the “Buyer”) for retail resale to end consumers.
Article 2 – Acceptance of the Conditions
Any order or sale is subject to these General Conditions of Sale, which the Buyer expressly declares to accept without reservation. These General Terms and Conditions of Sale prevail over any other documents that may have been communicated by the Buyer, including the Buyer’s general terms and conditions of purchase. Any exemption or contrary clause in the Buyer’s documents will not be valid unless expressly agreed to in writing by our company.
Article 3 – Purchase Order
Article 3.1 – Quotation Validity
Unless otherwise indicated specified in the price offer, prices quoted by THIRIEZ are valid for a period of six months from the date of the quotation.
Article 3.2 – Confirmation
Orders placed by the Buyer directly or through one of our sales representatives are only legally binding once they have been accepted by THIRIEZ by email order confirmation along with the General Terms and Conditions of Sale. The order confirmation may, at the discretion of THIRIEZ and based on information available concerning the Buyer’s financial situation, be conditional on the Buyer having credit-insurance coverage. The first order of a new Buyer must be accompanied by the duly completed Account Initiation Form provided by THIRIEZ and by bank account details, in order to open an account. In the absence of these conditions, THIRIEZ reserves the right not to confirm the order.
Article 3.3 – Modification – Cancellation
Any modifications to the purchase order must be approved by THIRIEZ. THIRIEZ will send a complementary or modified offer indicating the new or modified requests and the price relating to these changes. Any order cancellation can only be considered after receipt of a written agreement from THIRIEZ. Once the cancellation has been accepted, the Buyer will be sent an invoice to cover the termination fee, equal to 10% (including taxes) of the total amount of the order.
Article 3.4 – Price
All prices do not include eco-participation (recycling fees) and taxes, are payable without discount and exclude ex-factory and transportation costs. The generation or modification of any contributions, taxes, fees, or customs duties will automatically be passed on. The prices listed are based on the economic conditions on the day of the quotation. They may be revised in the case of price increases of more than 5% between the time of the order and delivery. The price charged will be the one in effect at the time of delivery. THIRIEZ may grant discounts, rebates, and other payment reductions to the Buyer, based on quantitative and qualitative criteria.
Article 4 – Delivery
Article 4.1 – Delivery Time
The delivery dates on the order confirmation are estimates only and do not constitute a contractual commitment: any delay in delivery is not grounds for the cancellation of the order. THIRIEZ cannot be held liable for any loss or damage resulting from this delay. If the Buyer changes the delivery date of an order within 8 days before the originally scheduled delivery date, a storage fee will be applied at a rate of €10 per cubic meter from the beginning of the month.
Article 4.2 – Force Majeure
Cases of force majeure and unforeseeable events (such as a strike, mechanical breakdown, supply chain disruption, fire, etc.) as well as any event beyond the control of THIRIEZ and which hinders, in whole or part, the production, supply, or the transport of the goods mentioned in the order, are deemed to render the order inexecutable. THIRIEZ will keep the Buyer informed, in a timely manner, on the events listed above: the goods that were ready to be shipped at the time of the event must be accepted by the buyer once their delivery is possible.
A force majeure gives our company the right to fully or partially terminate an order or to suspend its execution without notice or compensation.
Article 4.3 – Shipments
The Buyer can choose to have the goods delivered to a specific shipping address or have them available for pickup at the THIRIEZ factories. If the goods are to be delivered to the end customer by THIRIEZ, then the Buyer must send THIRIEZ all the pertinent information for this delivery (the name and shipping address of the end customer).
All the goods are shipped at the recipient’s own risk, even when they are sold inclusive of delivery costs. In the case of damaged or missing items, the recipient must note the specific concerns in writing on the carrier’s delivery slip, then confirm the defects or deficiencies by registered letter with confirmation of receipt, within 3 days of delivery, to the same carrier, with a copy for THIRIEZ. The Buyer must inform end customers of this obligation in the service contract. Under no circumstances is THIRIEZ responsible for replacement costs due to damage or theft during transport.
The Buyer must ensure that the delivery site is accessible to large vehicles (tractor-trailers or trucks) on the scheduled delivery date. In the event of non-compliance with this requirement, THIRIEZ cannot be held liable for additional transport costs generated (redeliveries), which will be charged to the Buyer.
Article 5 – Warranty
For the duration of the warranty period, THIRIEZ LITERIE will repair a product or replace it with an identical or comparable one, based on how its product offerings evolve, if a product is found to be defective due to faulty workmanship or materials, subject to the exclusions defined in the following point. This repair or replacement does not grant entitlement to an extension of the original warranty.
Article 5.1 – Warranty Terms and Conditions
THIRIEZ offers a contractual warranty in addition to the legal warranty on some of its products:
– Mattresses (except those designed for collective accommodation facilities) are guaranteed for 5 years. The warranty for some articles can be extended to 7 years if the mattress is combined with one of the THIRIEZ box springs or bases recommended on the product specification sheet.
– Fixed. flexible, rigid, sprung, or electric TPR slatted bed bases are guaranteed for 5 years provided that the recommended number of legs and height are respected. – – The electrical components (motors, remote controls, etc.) are guaranteed for 3 years. For mattresses, this guarantee implies use on a slatted or upholstered bed base in good condition and not older than 2 years from the date of purchase on the original invoice. In any case, the warranty does not cover deterioration resulting from improper use (example: folded mattress, mattress placed on the ground, mattress not compatible with the features of an electric adjustable bed base, etc.), an accident, a force majeure, alterations or conversions made to the products, or normal wear and tear. The warranty also does not cover damages due to an owner’s negligence, dirt, spills, or stains, and/or exposure to high levels of humidity Compressed and rolled-up mattresses should not be stored for more than 3 months. Beyond this length of time, THIRIEZ cannot be held liable for any problems observed (altered dimensions, sagging of the foam, etc.) The core of the mattress is guaranteed against any abnormal sagging or sinking. The covering fabric, the handles, and all the elements whose durability is tied to the conditions of use are not covered by the mattress warranty. The seams and zip closures are guaranteed for 6 months.
Article 5.2 – Tolerances
The NF EN 1334 standard allows a tolerance of 2 cm in length and width, and 1 cm in thickness compared to the nominal dimensions of your mattress or bed base (example: a 140 x190 x25 cm mattress can actually be 138 x188 x 24 cm). The density of polyurethane foam mattresses is expressed in terms of gross casting value. In net value, this density is lower by 2 kg (4.4 lbs) and complies with the NF EN ISO 845 standard.
The firmness scale shown on our product specification sheets is provided as a guideline The firmness of our foam mattresses expressed in kilopascals (kPa) allows a tolerance of ± 15% according to the NF EN ISO 3386-1 standard. During the first few months of usage, it is normal to notice a slight compression of the mattress materials, which will in no way not affect its comfort or longevity. This effect will be limited by following the instructions for use. The mattress warranty covers a loss of nominal height starting from 12%, measured with a ruler from the highest point of the quilted surface. All our box springs are made of spruce, a type of wood containing knots with a maximum ⊘ (diameter) of 40 mm (1.5 in.), spaced every 300 mm (12 in.).
Article 5.3 – Claims
The Buyer is responsible for receiving and processing any claims from end customers to whom the products have been supplied. Any THIRIEZ products (mattress-bed base- footboard, etc.) missing at the time of delivery to the recipient (end customer or Buyer) must be the subject of a claim filed, in accordance with the procedures described in article 4.3, within 3 days of delivery. After this period, the redelivered products will be invoiced. In the event of a claim from an end customer concerning THIRIEZ products, the Buyer will conduct a preliminary examination to ensure that said claim falls within THIRIEZ’s legal or contractual warranty. If this is the case, the Buyer will, as quickly as possible, send by email or another method, the duly completed After-Sales form provided by THIRIEZ, accompanied by the original invoice showing the date of purchase or the order and photos of the defective product to document the damage. Upon receipt, THIRIEZ will review this documentation and send the Buyer an email of acceptance or refusal of After-Sales Service. Any warranty claim may require the submission of additional documents to justify non-compliance (additional photos, measurements, invoice of the bed base, etc.).
Article 5.4 – Claims Processing
In all cases of justified claims, THIRIEZ will organize the return of the goods with the Buyer. The THIRIEZ warranty will be limited to the replacement or repair of the goods, excluding any other benefits or compensation (damages and interest, etc.). The defective products must be returned in suitable packaging and must be in like-new condition and free of any stains or dirt. If, after examination of the product in question, THIRIEZ determines that it was not covered by the warranty, THIRIEZ will invoice the Buyer for the price of a replacement product. If the warranty claim is accepted, THIRIEZ will deliver a replacement product to the Buyer who will be responsible for sending it to the end customer if necessary. Finally, if the Buyer fails to return the defective product, THIRIEZ will send an invoice for the replacement product.
Article 6 – Invoicing
Article 6.1 – Retention of Title Clause
By agreement between the parties, sales of goods are subject to a Retention of Property Clause (Law No. 80.335 of May 12, 1980); goods supplied will remain our exclusive property until the purchaser has paid the full price. However, transfer of risk shall be passed on upon delivery. Under the terms of this clause, the issue of a bill or other document creating an obligation to pay is not to be considered a payment. The Buyer is authorized, within the scope of normal business operations, to resell the delivered goods under the conditions set out in article 1, but, may neither pledge them as collateral nor transfer their ownership as a guarantee. These goods are also exempt from seizure. In the event of resale, the Buyer is required to immediately pay the portion of the price owing or notify us immediately to allow us to exercise our right to a price adjustment to the third-party buyer. Resale authorization is withdrawn automatically and immediately in the event of termination of payments, or late payments by the Buyer.
Article 6.2 – Payment
Unless otherwise agreed between the parties in writing, the goods must be paid in full immediately upon receipt of the invoice. The payment of an invoice will not be subject to any discount for early payment. By express agreement and unless a timely request for postponement is made and granted by us, nonpayment of our invoices by the deadline will result in:
1 – The payment of contractual late interest equal to 3 times the legal rate. In the event of late payment, the Buyer must pay late interest calculated from the due date of the invoice to the actual payment date. The Buyer must also pay a late penalty of €40 (Art. L.441-6).
2 – Immediate payment of all the amounts due, whatever the planned method of payment.
3 – In the event of legal action, the payment, for damages, interest, and penalties, of compensation at a rate of 15% of the sums due in addition to contractual interest and any legal costs.
4 – The possible cancellation of all current orders.
Article 7 – Online Resale Terms and Conditions
The product ranges sold by THIRIEZ vary depending on the distribution channel that the Buyer wishes to use for resale. Therefore, THIRIEZ has developed a dedicated product range for resale via the internet. Only products from this range may be resold online. It is therefore the responsibility of the Buyer to inform THIRIEZ of the distribution channel and, where applicable, to order products from the relevant range.
When reselling products online, the Buyer must comply with the quality standards set out in the THIRIEZ Internet Charter, which can be found after the General Terms and Conditions of Sale. Non-compliance with these standards could result in the cancellation of all the Buyer’s orders by THIRIEZ
Article 8 – Intellectual Property
Any representation or total or partial reproduction of THIRIEZ’s trademarks or other photographic or graphic documents of its products, in any form whatsoever and by any means, made without the written consent of THIRIEZ, is prohibited by law. If consent is granted, the representation and reproduction must be in strict compliance with the conditions imposed by THIRIEZ.
As such, the Buyer is authorized to use the THIRIEZ trademarks, logos, and product names for the sole purpose of promoting and selling these products. The reproduction of these elements must comply in all respects with those conveyed by THIRIEZ In addition, THIRIEZ may provide the Buyer with photographs, descriptions, and other elements for the promotion and sale of the Products. These elements can only be used by the Buyer for the sole purpose of promoting and selling the Products. Furthermore, the Buyer must comply with the Intellectual Property regulations governing these branding elements and use them for the sole purpose of reselling them to end customers.
Article 9 – Termination
In the event of non-compliance by the Buyer, all agreements and orders may be terminated by THIRIEZ automatically, fully or in part, after a formal notice sent by registered letter with confirmation of receipt fails to compel the Buyer to act within one (1) month, or without prior warning in the case of serious misconduct making it impossible to continue the relationship, without prejudice to any damages that THIRIEX could claim.
Article 10 – Attribution of Jurisdiction
By express agreement, the Commercial Court of LILLE MÉTROPOLE has exclusive jurisdiction over all disputes arising between the parties in connection with their commercial relations, regardless of the place of delivery, the method of payment accepted, and even in the event of a warranty claim or multiple defendants.