General Terms and Conditions of Sale Comap Smart Home Website
Distance Selling (VAD)
Last updated: June 20, 2023
Company: COMAP
SA with capital of €37,696,905Registered
office: Parkview, 77-79 Boulevard de la Bataille de Stalingrad, 69100 Villeurbanne, France
Registered with the Lyon Trade and Companies Register under No. 302 304 068
Hereinafter «COMAP"
Preamble
It is previously specified that these conditions govern the sales by COMAP of products and services marketed on the https://boutique.comapsmarthome.com/fr/ website and on the application https://app.comapsmarthome.com/login
- From "individuals": any physical person who has purchased a product and / or service for a use that does not fall within the scope of his commercial, industrial, craft or liberal activity
- With the professionals in account, if applicable.
1. Fields of application
Any order sent to COMAP by any means whatsoever implies unreserved acceptance of these General Terms and Conditions of Sale. You declare that you have read and accepted these General Terms and Conditions of Sale before placing your order. The data recorded by COMAP constitute proof of all transactions made by COMAP and its customers and imply the reading and prior acceptance of the conditions of sale. Therefore, no contrary clause can only be invoked insofar as we have formally accepted it in writing. COMAP's conditions of sale prevail over those of the customer. These conditions of sale define the terms and conditions under which all natural or legal persons, of French or foreign nationality order and purchase the products offered for sale by COMAP.
2. Product Overview
The characteristics of the products offered for sale are presented on the site. In accordance with Article L-111-1 of the Consumer Code, photographs illustrating the products for sale fall within the contractual field. All texts and images presented on the site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited without the formal agreement of COMAP.
3. Technical product specifications
Characteristics, dimensions, weight, etc. mentioned in all our documentation are only indicative. We reserve the right to make any changes we deem appropriate, even after receipt of the order, without affecting the essential characteristics.
4. Rates on the https://boutique.comapsmarthome.com/fr/ and application https://app.comapsmarthome.com/login
The prices of our products are indicated in Euros all taxes included excluding participation in shipping costs and other special costs. The amount of VAT is specified when selecting a product by the customer and the shipping costs appear on the screen at the end of the selection of the different products by the customer.
Prices are subject to French VAT and any change in the legal rate of this VAT will be reflected in the price of the products presented on the site on the date stipulated by the law referring to it. In accordance with the legislation in force, https://boutique.comapsmarthome.com/fr/ and application https://app.comapsmarthome.com/login charges VAT on sales made in the European Union given that this website is addressed only to private customers who therefore do not benefit from an intra-community VAT number. Professional customers wishing to have their intra-community VAT number taken into account are invited to contact our service dedicated to professionals by contacting them by phone at 0 986 000 400 or by email, serviceclient.avenuedeleau@aalberts-hfc.com depending on your activity, by going to the Contact page. All orders, whatever their origin, are payable in Euros. COMAP, to ensure you the best price throughout the year, reserves the right to change its prices every week; The products will be invoiced on the basis of the rates in force at the time of registration of the order. Our product offers and prices are valid as long as they are visible on the site, within the limits of available stocks. Deliveries made to countries outside the European Union (including DROM-COM) may be subject to various fees and taxes, including customs and import VAT. These costs are borne exclusively by the buyer.
5. Professional VAD: Prices
Prices are established in Euros excluding VAT. Transport costs are extra, deliveries being made in advanced carriage, unless expressly stated delivery carriage paid. Invoices are issued at the rate in effect at the time of delivery.
6. Product availability
In this context, additional information on the availability of products is provided at the time of placing your order. This information is given on a non-contractual basis. In the event of unavailability of product after placing your order, we will inform you by email as soon as possible. The products of your order are reserved as soon as your order is confirmed.
In case of unavailability of the Products after confirmation of the order, the Customer will be informed by e-mail or telephone as soon as possible and will be refunded the price of the Products within thirty (30) calendar days from the date of payment of the sums concerned.
7. Order on https://boutique.comapsmarthome.com/fr/
The customer validates his order when he activates the "Validate my order" link at the bottom of the page. COMAP confirms the order by email; This confirmation includes all the elements of the order. COMAP sends a second email on the day of shipment to inform the customer. The data recorded by COMAP constitute proof of the nature, content and date of the order. It is archived by COMAP during the present deadlines; The customer can access this archiving by contacting customer service by email at serviceclient.avenuedeleau@aalberts-hfc.com. In accordance with the provisions of the Civil Code on the conclusion of online contracts, the contract will be concluded when you click on the button allowing you to confirm your order after viewing the details of it and in particular its total price and having had the opportunity to correct any errors.
8. Order tracking
The customer will be informed by email of the confirmation, preparation and shipment of his order.
9. Payment and security on the https://boutique.comapsmarthome.com/fr/
Payment can be made in one way:
Credit card: The COMAP website is subject to an SSL security system (confidentiality guaranteed by the latest encryption technologies) through Société Générale. Your order is processed immediately. Your credit card is debited for the amount of your order, with shipping costs, at the time of shipment, if the products are available.
10. Professional VADs: payment conditions
For an account opening, payment is made at the time of the order (before shipment). Our invoices are payable at the head office upon receipt by bank transfer, draft or cheque, without discount. In the case of term payment agreed, the deferred mode must be entered on the invoice. Failure to pay or postponement, even partial, of only one of the agreed deadlines, automatically entails the payment of the sums remaining due, as well as the immediate suspension of other deliveries or cash payment before shipment of any new supply, without the need for any formality and allows us to cancel, without compensation and without notice, the orders or contracts of the defaulting debtor.
% of delay: any sum not paid on the due date will be increased by interest equal to three times that of the legal interest.
Pursuant to Article L.441-6 of the French Commercial Code, a lump sum compensation for recovery costs of €40.00 must be paid by any paying debtor after the expiry of the payment period.
Penalty clause: In accordance with Article 1226 of the Civil Code, in the event of default by the debtor, the sums due recovered by litigation will be increased, in addition to default interest, by a fixed compensation of 15% of their amount.
11. Delivery of orders placed by an individual on the site https://boutique.comapsmarthome.com/fr/
11.1 General
COMAP delivers orders entered on https://boutique.comapsmarthome.com/fr/ in France and Monaco, exclusively. The products are delivered to the delivery address you indicated during the ordering process. The delivery of the products available in our stocks is made (except imponderable related to subcontracted transport) :
- within two to four working days for the continental France
- according to the usual postal period for Corsica,
And this from the date of receipt of payment :
- the date of order for payment by credit card before 4 p.m.
- receipt of payment by COMAP in case of payment by check or bank transfer.
Deliveries are made in metropolitan France, and Monaco only.
11.2 Delivery problems
In order for COMAP to bear the responsibility of the products in the event of damage, the customer must make the usual reservations with the carrier and will inform COMAP's customer service within 48 working hours by:
- email: serviceclient.avenuedeleau@aalberts-hfc.com
- telephone (during opening hours): 0 986 000 400 (non-surcharged call)
These reservations do not relieve the seller of his responsibility towards the consumer.
Pursuant to Article L.121-20-3 of the Consumer Code, the distance seller has full liability. He is therefore responsible for the proper performance of the contract. The consumer will be able to take legal action against the seller without having to show the fault of other stakeholders (carrier). The text establishes an obligation of result except in cases of force majeure or fault of the consumer.
Then, depending on the cases defined in article 11.c below, you can benefit from the exchange and refund conditions provided for this purpose.
11.3 Conformity of products during the period of 14 days upon receipt
COMAP undertakes to refund or exchange a defective product or one that does not correspond to the order (shipping error, ...) when the customer has expressed the problem encountered on his order and his decision in relation to this finding within 14 days of receipt of the product.
In the event of a COMAP sending error, please contact our customer service in writing and report in detail the problems encountered. In case of COMAP error, the return of the product to our premises is taken care of directly by COMAP on request.
Outside the metropolitan France, please contact our customer service. After agreement and if applicable (COMAP delivery error), the shipping costs will be refunded to you on the basis of the basic rate in single shipment. The provisions of this article do not prevent you from benefiting from the right of withdrawal (satisfied or refunded) provided for in article 13.
Any cancellation made after this period of 14 days following receipt cannot be accepted if it does not concern a problem related to a manufacturing defect. In the case of a product return, it must be returned new (without marks or scratches), in the original packaging with all the elements delivered (accessories, packaging, instructions, ...).
In case of non-conformity of the equipment ordered, you now have the possibility to return the ordered goods to us without moving.
11.4 Delay in delivery
The customer will be informed as soon as possible by email of a postponement of delivery. In the event of a delay in delivery compared to the date initially set, the customer must notify COMAP in writing (email), in order to improve the quality of service and allow COMAP to carry out an investigation with the carrier. In the case of a delivery by post, an investigation can last up to 21 days. If during this period the product is found, it will be immediately redirected to the home of the customer or recipient designated in the order form. On the other hand, if the ordered product is not found at the end of this period of 21 days of investigation, COMAP will proceed at its own expense to a new shipment of the customer's order. We remind you that in accordance with Article L. 216-2 of the Consumer Code you have the possibility to terminate the sales contract by registered letter with acknowledgment of receipt as long as the delay exceeds 14 days and is not due to a case of force majeure.
12. Professional VAD: order delivery
12.1 Delivery - Transport
Delivery is deemed to have been made as soon as the material is taken over by the carrier from our store or our suppliers' factories. The risks and liability of the equipment sold therefore take place as soon as it is taken over, even in the event of delivery carriage paid. The equipment is insured only on express instruction and at the expense of the buyer. In all cases, it is obviously up to the buyer to carry out all checks, to make all reservations on arrival of the equipment and to exercise, if necessary and within the regulatory deadlines, any recourse against the carrier. Complaints must be made by registered letter to the carrier and to COMAP within 2 working days of receipt of goods. Failing this, the right to claim will cease to be acquired. Any request for a voucher, for proof of delivery, will be subject to a flat-rate invoice of 20 € HT. In accordance with Article L. 133-3 of the Commercial Code, you have a period of three days to make your grievances known to the carrier. To ensure maximum responsiveness in dealing with the problem you encounter, we advise you to notify directly on the delivery note all problems found (for example: damaged package, already opened, ...) and to transmit it to COMAP within 3 days of receipt of the product.
12.2. Delivery times
Delivery times begin to run as soon as the order is taken. Given in particular the possibility of customization of certain products, these deadlines are given as an indication without commitment. Consequently, a delay cannot justify the cancellation of the order, nor give rise to compensation or penalties. The fact that the customer postpones the delivery dates initially planned, is not likely to modify the invoicing to the conditions and dates initially planned.
12.3 Return
COMAP accepts the return of goods under certain conditions and the customer must comply with the procedure put in place.
The return request must be made no later than fifteen working days after receipt of the material. The customer must contact the COMAP quality department at serviceclient.avenuedeleau@aalberts-hfc.com. The customer will receive by fax or email a number and a non-compliance sheet on the terms of the return to be attached imperatively to the package. All packages must be shipped exclusively to the following address: COMAP SERVICE RETOURS - 17 Rue Louis Armand, 45430 Chécy, France, accompanied by the non-conformity form provided by COMAP's quality department. The returned material must be in a strictly new condition in its original packaging, the costs of packaging and transport to and return are the responsibility of the customer. Products not appearing in the catalogue can under no circumstances be the subject of a return by COMAP. Any return of goods following an error or responsibility of the customer will result in the return of said goods at 75% of the price invoiced for restocking costs. In case of non-conformity of the equipment ordered, you now have the possibility to return the ordered goods to us without moving.
13. Right of withdrawal by an individual for an order on https://boutique.comapsmarthome.com/fr/
You have the right to withdraw from this contract without giving any reason within fourteen working days. The withdrawal period expires fourteen days after the day on which you, or a third party other than the carrier and designated by you, takes physical possession of the last good.
To exercise the right of withdrawal, you must notify us of your decision to withdraw from this contract by means of an unambiguous statement (e.g. letter sent by post, fax or e-mail) by post to COMAP – Internet Order, Parkview, 77-79 Boulevard de la Bataille de Stalingrad, 69100 Villeurbanne, by telephone at 0 986 000 400, or by email at serviceclient.avenuedeleau@aalberts-hfc.com. You can use the model withdrawal form, but it is not mandatory. In order for the withdrawal period to be respected, it is sufficient that you send your communication relating to the exercise of the right of withdrawal before the expiry of the withdrawal period. As part of the return procedure, we invite you to return the product or products concerned to COMAP- SERVICE RETOURS – 17 Rue Louis Armand 45430 Chécy France indicating on the package the number that will be communicated to you, without undue delay and, in any case, no later than fourteen working days after communicating your decision. This period is deemed to have been met if you return the goods before the expiry of the fourteen-day period. You will have to bear the direct costs of returning the property. The good must be returned in its original condition and packaging in order to be refunded.
Effects of withdrawal: In the event of your withdrawal from this contract, we will refund the amount of your order (the refund of delivery costs will be made on the basis of the price of a standard delivery), with the exception of the return costs, without undue delay and, in any event, no later than fourteen working days from the day on which we are informed of your decision to withdraw from this contract. We will process the refund using the same payment method you used for the original transaction. This refund will not incur any costs for you. We may withhold the refund until we have received the property.
14. Warranties and spare parts
- Manufacturer's Warranty Period
The manufacturer's warranty period displayed on the product sheet starts on the delivery date of the initial order without renewal of this period in case of exchange within the framework of it.
Warranty Period :
| 10 - COMAP Smart Home
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| 100 - COMAP Smart Heating
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| 1000 - Standalone solution -Thermostat, module |
| 2 years
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| 1002 - Collective programmable solution – Thermostat, module, programmable head | 2 years
| |||
Our supplies are guaranteed 24 months from delivery, against any construction defect, material defect, without prejudice to the legal guarantee of Article 1641 of the Civil Code. The defect of products recognized as defective by us can only result in their simple replacement, or at our option their repair at our expense, returned free to our premises without any question of compensation or damage
- Guarantee of conformity
Disclaimer of Warranties
This warranty does not apply to:
(a) Any cosmetic damage
(b) Any damage caused by use. The conditions of storage as well as the commissioning of the product, are part of the use.
(c) Any damage caused by accident, abuse, misuse, contact with a foreign object
(d) Any damage caused by the operation of the product outside the permitted or intended uses described in product data sheets
(e) To a product or part that has been modified in such a way as to alter its functionality or capabilities without the written permission of COMAP
(f) If any serial number has been removed or rendered illegible
Article L 217-4 of the Consumer Code
The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He is also liable for any lack of conformity resulting from the packaging, assembly instructions or installation when this has been charged to him by the contract or has been carried out under his responsibility. Only consumers - that is to say, any natural person who has purchased a product for a use that does not fall within the scope of his commercial, industrial, craft or liberal activity - can benefit from this legal guarantee. Thus, purchased products that are stamped in an invoice indicating the VAT registration number of a company or professional are not covered by this legal guarantee.
COMAP supports...
The consumer shall be entitled to obtain from COMAP the repair or replacement of the defective product free of charge, unless the choice requested is objectively impossible or constitutes a manifestly disproportionate cost compared to other modalities, taking into account the value of the product, the nature of the lack of conformity and the possibility of implementing alternative solutions without significant inconvenience for the consumer. In the event that the replacement of the product is impossible or constitutes a manifestly disproportionate cost or leads to an unreasonable delay or causes major inconvenience to the consumer, the latter will have the right to obtain in exchange for the product a total or partial refund.
When acting as a legal guarantee of conformity, the consumer:
- has a period of 2 years from the delivery of the property to act.
- may choose between the repair or replacement of the good, subject to the cost conditions provided for in Article L 217-9 of the Consumer Code.
- is exempted from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods, except for second-hand goods.
The legal guarantee of conformity applies independently of any commercial guarantee granted.
The consumer may decide to implement the guarantee against hidden defects of the thing sold within the meaning of Article 1641 of the Civil Code and in this case, he may choose between the cancellation of the sale or a reduction of the sale price in accordance with Article 1644 of the Civil Code.
- Guarantee against hidden defects
Consumers and non-specialist professionals who have purchased a product are covered by this warranty. COMAP may be held liable when a defect that is not visible (i.e. is not likely to be discovered by a reasonable inspection by the buyer) renders the product unfit for the expected use of the product or so diminishes its usefulness that the buyer if he had known the defect, would not have acquired the product or would not have acquired it at the purchase price (Article 1641 of the Civil Code).
The costs of returning the product are the responsibility of COMAP. If the expertise carried out by COMAP confirms that there is indeed a hidden defect, you will be reimbursed in full. The action resulting from latent defects must be brought by the purchaser within two years of the discovery of the defect (Article 1648 paragraph 1 of the Civil Code).
To benefit from the legal guarantee of conformity or the guarantee of hidden defects, simply contact the customer service of the company COMAP by:
- email: serviceclient.avenuedeleau@aalberts-hfc.com
- mail: addressed to the head office of COMAP
Parts
In accordance with Article L 111-3 of the Consumer Code, COMAP indicates that it does not have spare parts given the nature of the product.
15. Subscription Service
15.1 General
This article specifies the subscription to the AUTONOMOUS service (hereinafter "the Subscription Service"). This Subscription Service is open to any natural person of legal age or legal entity, who has opted for this service on the site https://app.comapsmarthome.com/login
The Subscription Service is available in metropolitan France and Corsica.
These conditions apply in addition to the other articles of these General Conditions.
15.2 Cost of the Subscription Service
Your Subscription Service has a fixed cost (hereinafter "the Monthly Plan") which will be billed and paid to you for the first time by credit card when subscribing for the first month of your subscription.
The Monthly Plan for each following month will be debited each month, on the same day as the anniversary day of the subscription (plus or minus 2 days), via your credit card whose data will have been specified to us by you when subscribing, whose authenticity you certify and which you must ensure that the bank account relating to it is sufficiently funded on the day of the direct debit.
15.3 Withdrawal period
You have the right to change your mind and notify us of your wish to cancel your subscription to the Subscription Service, without having to give any reason, within fourteen (14) days of the initial subscription to the Subscription Service. To exercise this right, you must comply with the procedure described in Article 13 above.
15.4 Duration
The Commitment Period is monthly. The Monthly Package is debited, in euros, at each monthly deadline. The Commitment Period begins to run from the payment of the first Monthly Plan.
You may terminate your Subscription Service at any time by unchecking the subscription option on the https://app.comapsmarthome.com/login website. The Subscription Service will end at the end of the last calendar month in which you have terminated the Subscription Service.
In case of non-payment of the Monthly Plan at maturity, COMAP reserves the right to terminate the subscription until the payment has been regularized, an e-mail will be sent to you to this effect.
16. Force majeure
COMAP may under no circumstances be held liable for any breach of its contractual obligations in the event of force majeure for the following events without their listing being exhaustive: strike, pandemic, epidemic, climatic events, riots, wars, disasters, delay in our supply and in general any event affecting and making impossible the normal execution of orders.
17. Personal data – respect for privacy
The personal data provided by the customer are not disseminated to a third party; they are, unless expressly opposed by the customer, integrated into the customer file of the company COMAP. In accordance with the applicable regulations, the customer has the right of access and rectification at any time. To exercise this right, simply contact COMAP Customer Service by:
2. Letter addressed to the registered office of COMAP.
3. Telephone 0 986 000 400 during legal opening hours.
18. Retention of title
The goods sold by COMAP remain its legal property until the actual and final receipt of the agreed price. Until this date, the delivered equipment will be considered as consigned, and the buyer will bear the risk of damage that this equipment may suffer or cause for any reason whatsoever. Until full payment the goods may not be resold without the prior agreement of COMAP. Despite any contrary provision of this contract, in the event of non-compliance by the customer with one of the payment deadlines, the seller without losing any of his other rights, may demand, by simple registered letter, the return of the goods at the expense of the customer until the latter performs all of his commitments. The catalogue remains the property of COMAP. Any reproduction, even partial, of texts, illustrations, photos and paintings is strictly prohibited under penalty of prosecution. In the event that we are required to make, without notice, changes in the characteristics of the items photographed or drawn in this catalogue, we will not be required to provide the items in their previous specification and COMAP cannot be held liable.
19. Intellectual Property
All elements of the CMAP site, whether visual or audio, including the underlying technology, are protected by copyright, trademarks or patents. Thus, none of the materials from the All-Batteries.fr site may be copied, reproduced, republished, downloaded, posted, transmitted or distributed in any way, except under the following conditions: it is possible to download one copy of the documents to a computer for personal use and only for non-commercial purposes, provided that you have not modified the information and that all copyrights and other proprietary notices are kept intact. The modification of these documents or their use for any other purpose constitutes an infringement of COMAP's intellectual property rights.
20. Applicable law – disputes
Complaint handling
For any complaint you can contact customer service at the contact details mentioned in these conditions:
COMAP, Internet Customer Service, Parkview 77-79 Boulevard de la Bataille de Stalingrad, 69100 Villeurbanne, France.
Mediation of consumer disputes: In accordance with the provisions of the Consumer Code concerning the amicable settlement of disputes, after prior written approach by consumers vis-à-vis COMAP, the service of the consumer mediator to which COMAP reports, may be seized for any consumer dispute whose amicable settlement has not been successful within one month.
Thus, if you do not obtain satisfaction, you can then contact the CMAP mediation service, to which COMAP belongs, by submitting your file free of charge and simply by using the online form (access the online form), either by email to consommation@cmap.fr, or by post (COMAP – Service Mediation de la consummation, 39, avenue F.D. Roosevelt, 75008 PARIS).
You must specify to the CMAP the subject of the dispute and send it all the documents of the file as indicated in the referral form. Otherwise, the referral cannot be taken into account.
Online Dispute Resolution Platform: In accordance with Article 14 of Regulation (EU) No 524/2013, the European Commission has set up an Online Dispute Resolution platform, facilitating the independent out-of-court settlement of online disputes between consumers and professionals in the European Union.
This platform is accessible at the following link: https://webgate.ec.europa.eu/odr/
Applicable law: These General Terms and Conditions of Sale are subject to French law. The language of these General Terms and Conditions of Sale is French. The products offered for sale comply with French regulations. If necessary, it is up to the foreign customer to check with the local authorities the possibilities of use of the product he intends to order; COMAP cannot be held liable in the event of non-compliance with the regulations of a foreign country where the product is delivered.
In the event of a dispute with a professional client, the Commercial Court of Lyon has sole jurisdiction. Our conditions of sale cease to apply if, during a previous order, the professional customer has evaded his obligations. A refusal to sell will then be validly opposed, unless the professional provides satisfactory guarantees or payment at the time of the order. In the latter case, it is specified that no discount will be granted.
In case of disputes with an individual
Notwithstanding the foregoing, in the event of a dispute with an individual, the French courts shall have sole jurisdiction.
The competent court shall be that of the place of domicile of the defendant or that of the place of actual delivery of the thing if it is located in France.