GENERAL TERMS AND CONDITIONS OF SALE
Effective as of 01/01/2023
ARTICLE 1 – Scope and enforceability
These general terms and conditions apply to sales concluded between the company THIRARD ASIA (simplified joint-stock company with a capital of HK$ 300,000, registered with the Business Registration Ordinance under number: 58515483-000-06-19-0, with its registered office located at 1604, 16/F, Island Centre, 470 Reclamation Street, Mongkok, Kowloon, hereinafter referred to as “THIRARD ASIA”) and any consumer, non-professional or professional customer wishing to purchase the products offered for sale on the website accessible via the link www.thirardasia.com(hereinafter the “Website”).
Certain provisions of these terms and conditions will apply exclusively to professional customers, or conversely to consumer customers (non-professionals being assimilated to consumers). In this regard, professional customers undertake to indicate their professional status when placing their order, and THIRARD ASIA reserves the right to cancel the order in the event of a breach by the professional customer of this obligation.
These general terms and conditions are accessible at any time on the Website under the “General Terms and Conditions of Sale” tab. The applicable conditions are those in force on the day of the order, which prevail over any other version or document.
The customer declares that they have read these general terms and conditions and have accepted them by ticking the box provided for this purpose before implementing the online ordering process. The validation of the order confirms the customer’s full and complete acceptance of these terms and conditions.
The customer acknowledges having the necessary capacity to contract and purchase the products offered on the Website, including being of legal age and not being under guardianship or curatorship.
The fact that THIRARD ASIA does not invoke any of these conditions at a given time cannot be interpreted as a waiver of the right to invoke any of these conditions at a later date. The cancellation of a clause of these general terms and conditions will not affect the validity of the general terms and conditions as a whole.
ARTICLE 2 – Products
The essential characteristics of the products, including technical specifications, illustrations, graphics, and photographs, are presented on the Website. The customer is required to refer to the description of each product to know its properties and essential characteristics before placing an order.
The customer can contact THIRARD ASIA’s customer service by phone at +852 2801 6399 to obtain further information about the products.
The product offers are valid as long as they are visible on the Website within the limits of available stocks, as specified when placing the order.
Regarding sales to consumer customers, and in accordance with Article L.111-4 of the Consumer Code, THIRARD ASIA specifies that no spare parts essential for the use of the products are available.
ARTICLE 3 – Order
The customer will place an order in accordance with the instructions given on the Website.
They undertake to complete the order by providing complete and accurate information. In the event of an error (name, address, etc.), THIRARD ASIA cannot be held responsible for any delays in the delivery of the products. The costs of reshipment of the products will be borne by the customer.
As a reminder, the steps to conclude the sale on the Website are as follows:
The customer selects their products by clicking on the “Your Cart” tab.
The order is summarized, and the customer can verify and correct it if necessary.
The customer confirms the order by clicking on the “Validate Order” tab.
The customer provides their personal information and the delivery address for their order.
The customer verifies the accuracy of the order and immediately notifies THIRARD ASIA of any errors, if applicable.
The customer definitively confirms their order by clicking on the “Validate My Order and Proceed to Payment” button, after expressly accepting these general terms and conditions by ticking the box provided for this purpose.
The customer proceeds to payment on the secure website of THIRARD ASIA’s financial partner.
The sale will be definitively formed after the customer receives the confirmation of acceptance of the order and after the full payment is received.
ARTICLE 4 – Price
The prices of the products mentioned on the Website are indicated in Hong Kong Dollars, excluding taxes and including all taxes.
They do not include any processing, packaging, delivery, and insurance fees, which are charged in addition under the conditions specified on the Website and calculated prior to placing the order. The customer will be informed of these fees as they select the products and before confirming the order. The price charged to the customer corresponds to the total amount of the purchase, including these fees.
THIRARD ASIA reserves the right to modify its selling prices at any time. However, no modification made after the customer’s order has been validated can be applied. The price applicable to the ordered products is the one displayed on the Website on the day of the order.
We ship orders within 72 business hours following receipt of your payment. Orders are shipped on business days, from Monday to Friday, except public holidays. The delivery times depend on the chosen carrier. The average delivery time is 48 to 96 hours, depending on the carrier, within Hong Kong.
ARTICLE 5 – Payment Terms
Orders are payable in Hong Kong Dollars, in full and in cash on the day the order is placed on the Website by the customer.
The payment methods offered are:
- Credit card (Visa, Mastercard, Wechat pay, Alipay), and the amount of the order will be debited on the day of the order.
- PayPal, and the amount of the order will be debited on the day of the order.
Payment data is exchanged in encrypted mode using the SSL protocol.
No discount is granted by THIRARD ASIA for cash payments.
It is reminded that the confirmation of the order is subject to the full payment of the price of the products using a means of payment validated by THIRARD ASIA. THIRARD ASIA will not be obliged to deliver the ordered products to the customer if the customer does not pay the price of the order in full under the aforementioned conditions.
If the customer is a professional, any total or partial non-payment results in:
The application by THIRARD ASIA of a late payment interest rate equal to the refinancing rate of the ECB plus 10 percentage points, the day after the due date, without any reminder being necessary.
The invoicing of a lump sum indemnity for recovery costs in the amount of 350 Hong Kong Dollars. In the event that the recovery costs incurred exceed the amount of this lump sum indemnity, THIRARD ASIA may request additional compensation, upon justification.
ARTICLE 6 – Delivery/Receipt
THIRARD ASIA products are available for sale for online purchases shipped exclusively to Hong Kong. Delivery is made to the address provided by the customer in the delivery form.
Delivery is made at the entrance of the customer’s home if it is a house, or in the building’s lobby if the customer lives in an apartment. The carrier is not required to deliver inside the customer’s home. The delivery is accompanied by the invoice for the products.
The customer can track the progress of their order at any time on the Website in the “My Account” section.
Delivery by THIRARD ASIA is deemed to be made when the products ordered are handed over by the carrier to the customer.
Transportation is carried out by an independent company. The customer agrees to sign the delivery note for the products. In the event of the customer’s absence during delivery, the customer has a period of fifteen (15) business days from the date of the delivery notice to pick up the package at the Post Office. If this deadline is exceeded, the package will be returned to THIRARD ASIA. It is agreed that the reshipment costs to the customer will be borne by the customer.
- For consumer customers, deliveries are made within the timeframes indicated on the Website depending on the chosen delivery method, from the date of the confirmation email of the delivery of said order. In the event of a foreseeable delay in delivery, THIRARD ASIA will inform the customer as soon as possible and provide an estimate of the additional delivery time. If the ordered products have not been delivered within 30 days from the conclusion of the contract, for any reason other than force majeure or the customer’s fault, the sale may be terminated at the written request of the customer in accordance with the provisions of Articles L.216-2, L.216-3, and L.241-4 of the Consumer Code. In this case, THIRARD ASIA undertakes to refund the customer by check no later than seven (7) days following the date of termination of the contract.
It is the responsibility of the consumer customer to check the condition of the packaging and products, as well as the number of products upon receipt.
In the event of a dispute, transport damage, breakage, or missing items at the time of receipt, and in order to allow THIRARD ASIA to make such a determination, the customer shall make clear and specific reservations on the carrier’s delivery document and notify the carrier by registered mail with acknowledgment of receipt of their reasoned protest within three (3) days, excluding public holidays, following the receipt of the products.
Without prejudice to the actions to be taken with the carrier, any claims regarding apparent defects or non-conformity of the product at the time of delivery to consumer customers must be made in writing to THIRARD ASIA within three (3) days from the date of delivery of the product, accompanied by a photocopy of the reservation letter sent to the carrier and any supporting evidence (including photographs).
THIRARD ASIA will reimburse or replace, at its own expense and as soon as possible, the delivered products that have a conformity defect or apparent defect, in accordance with the provisions of the “legal guarantees” article.
- For professional customers, the deadlines depend on THIRARD ASIA’s supply and transportation capabilities and are specified on the Website. THIRARD ASIA will endeavor to comply with the delivery times indicated when the professional customer places the order.
In the event of a foreseeable delay in delivery, THIRARD ASIA will inform the customer as soon as possible and provide an estimate of the additional delivery time. If the delivery is delayed by more than thirty (30) days from the date specified in the order, the customer may cancel the order.
THIRARD ASIA is authorized to make global or partial deliveries.
It is the responsibility of the professional customer to check the condition of the packaging and products, as well as the number.
ARTICLE 7 – Transfer of Ownership and Transfer of Risks
The transfer of ownership of THIRARD ASIA products to the customer will only take place after full payment of the price by the customer, regardless of the date of delivery of the products.
Regarding consumer customers, regardless of the date of transfer of ownership of the products, the transfer of risks of loss and damage relating to the products will only occur when the customer physically takes possession of the products.
Regarding professional customers, the transfer of risks of loss and damage will occur when THIRARD ASIA hands over the products to the carrier.
ARTICLE 8 – Right of Withdrawal for Consumer Customers
In accordance with the applicable legal provisions, the consumer customer has a period of seven (7) days from the date of receipt of the ordered products* to exercise their right of withdrawal with THIRARD ASIA, without having to justify reasons or pay for the purpose of exchange or refund.
The customer must return the products, to the same address, within seven (7) days following the notification of their decision to withdraw, preferably in their original packaging, unused and in perfect condition, without any traces or marks, with all accessories (including the instructions) and any gifts provided. The customer must return the product with a copy of the invoice and the duly completed “return form.” The return shipping costs will be borne by the customer.
The exchange (subject to availability) or refund will be made within seven (7) days from the receipt of the returned products by the customer. The refund will be made, in the absence of an agreement with the customer, using the same means of payment used by the customer during the order.
The right of withdrawal can be exercised online, using the withdrawal form available on the Website in the customer’s account, in which case an acknowledgment of receipt on a durable medium will be immediately communicated to the customer by THIRARD ASIA, or by using the standard withdrawal form attached to the contract or any other unambiguous statement expressing the intention to withdraw, sent to the following address: THIRARD ASIA – 1604, 16/F, Island Centre, 470 Reclamation Street, Mongkok, Kowloon.
*However, the right of withdrawal does not apply to purchases of goods made to the customer’s specifications or clearly personalized or which, by their nature, cannot be returned or are liable to deteriorate or expire rapidly. Therefore, no withdrawal of orders for personalized (custom-made) products will be accepted by THIRARD ASIA.
ARTICLE 9 – Customer’s Commitments Regarding Product Use
The use of the product will be carried out under the customer’s responsibility.
The customer acknowledges that the products marketed by THIRARD ASIA may contain harmful and dangerous elements. Therefore, THIRARD ASIA recommends that the customer use the ordered product while respecting the safety instructions and usage recommendations specified in the product description on the Website, on the product packaging, and in the possible explanatory notice.
In this regard, the customer is obliged to maintain the product in good condition and use it in accordance with its intended purpose, particularly by following the instructions provided by THIRARD ASIA and the manufacturer.
In this regard, it is not recommended for the customer to make modifications to the product, install accessories, additional parts, or any other devices on the product.
The customer undertakes to store and use the products in accordance with the applicable regulations and to comply with all legal obligations. THIRARD ASIA cannot be held responsible for defects and deterioration of the delivered products resulting from abnormal or non-compliant storage, conservation, and use conditions after the delivery of these products.
ARTICLE 10 – Force Majeure
Neither party shall be held liable to the other for a failure to fulfill its contractual obligations in the event that such failure is due to an event constituting force majeure, as defined by Article 1218 of the Civil Code.
The following shall be expressly considered as a case of force majeure: fire, flood, carrier strikes, and energy supply disruptions.
The party affected by the force majeure event must immediately notify the other party in writing. If the affected party is prevented from fulfilling its obligations for more than thirty (30) consecutive days due to a force majeure event, the contract will be automatically terminated, without any damages being owed by either party.
ARTICLE 11 – Liability
11.1 Liability of THIRARD ASIA
THIRARD ASIA is liable for bodily and material damages caused to the customer resulting from its fault.
When the customer acts as a professional, THIRARD ASIA cannot be held liable, regardless of the type of liability action, unless otherwise provided by mandatory legal rules, for immaterial and/or sometimes referred to as indirect, incidental, or special damages, including damages resulting from loss of profits, loss of earnings, or reputational harm suffered by the customer or a third party.
When the customer or a third party has contributed to the damage, the liability of THIRARD ASIA will be limited to the extent of the fault attributable to it and the proportion contributing to the occurrence of the harm.
In any case, and except for bodily damages caused to individuals, if the customer is a professional, the pecuniary liability of THIRARD ASIA will be capped at the total amount of the price paid for the product in question by the customer. This clause will be applied subject to any contrary provisions provided by certain legislations. In such cases, liability will be limited to the extent permitted by such legislation.
In any case, THIRARD ASIA disclaims any liability for, among other things:
- Normal wear and tear of the product,
- Damages or accidents resulting from negligence, lack of supervision or maintenance, or non-compliant use,
- Damages resulting from modifications, incorporations, or repairs made to the product,
- Damages resulting from a failure to comply with the usage recommendations for the products mentioned in the product description.
The transmission of data over the Internet may lead to errors and/or the Website not always being available. Therefore, THIRARD ASIA cannot be held responsible for the availability and interruption of the online service.
THIRARD ASIA shall not be liable for any temporary or permanent damages caused to the customer’s computer system, or any potential losses or damages suffered, particularly as a result of accessing or browsing its Website.
11.2 Customer’s Liability
The customer is solely responsible for any direct harm caused by themselves to third parties or to THIRARD ASIA, its representatives, directors, or employees, resulting from a breach of their contractual or legal obligations.
The customer undertakes to indemnify these persons for all detrimental consequences, including but not limited to complaints, actions, claims, or liability proceedings before any jurisdiction, that may result from breaches of their legal or contractual obligations.
ARTICLE 12 – LEGAL WARRANTIES
12.1 Warranty for Consumer Customers
If the customer has acquired the products as a consumer, the products are subject to the legal warranty of conformity provided for in articles L.217-1 and following of the Consumer Code (in the event of non-conformity of the product to the contract), as well as the legal warranty for hidden defects provided for in articles 1641 and following of the Civil Code (in the event of a hidden defect in the product).
THIRARD ASIA recalls the main existing legal provisions in this regard:
Article L.217-4 of the Consumer Code:
The seller delivers goods that are in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. The seller is also liable for any lack of conformity resulting from packaging, assembly instructions, or installation when it is the seller’s responsibility under the contract or when it is carried out under the seller’s responsibility.
Article L.217-5 of the Consumer Code:
The goods are in conformity with the contract:
If it is fit for the usual expected use of similar goods and, where applicable:
If it corresponds to the description given by the seller and possesses the qualities presented by the seller in the form of a sample or model;
If it has the qualities that a buyer can legitimately expect given the public statements made by the seller, the producer, or their representative, particularly in advertising or labeling;
Or if it has the characteristics defined by mutual agreement between the parties or is suitable for any special use sought by the buyer, brought to the seller’s attention and accepted by the seller.
Article L.217-12 of the Consumer Code:
Action resulting from lack of conformity is barred after two years from the delivery of the goods.
Article 1641 of the Civil Code:
The seller is bound by a warranty on account of hidden defects in the thing sold that render it unfit for its intended use or that so impair its use that the buyer would not have acquired it or would have given a lesser price for it if they had known of the defects.
Article 1648 of the Civil Code:
The action resulting from redhibitory defects must be brought by the buyer within two years from the discovery of the defect.
When acting under the legal warranty of conformity, the consumer customer:
Has a period of 2 years from the delivery of the goods to take action;
May choose between repair or replacement of the product, unless one of these options is manifestly disproportionate in terms of cost compared to the other, taking into account the value of the product or the significance of the defect;
Is exempt from providing proof of the existence of the lack of conformity of the goods during the 24 months following the delivery of the goods.
The legal warranty of conformity applies independently of any commercial warranty that may have been granted.
The consumer customer may also decide to exercise the warranty against hidden defects in the sold item, as defined in Article 1641 of the Civil Code. In this case, they may choose between canceling the sale or reducing the sale price in accordance with Article 1644 of the Civil Code.
12.2 Warranty for Professional Customers
If the customer has acquired the products as a professional, the products are subject to the legal warranty for hidden defects provided for in Articles 1641 and following of the Civil Code.
ARTICLE 13 – Commercial Warranty
In addition to the legal warranties, the products sold by THIRARD ASIA may be covered by a one-year commercial warranty as indicated in the product description. The implementation of the warranty is carried out in accordance with the return procedure specified in the “Customer Service and Warranty” section. The warranty starts from the date of receipt of the product by the customer. The warranty is limited to replacement, refund, or repair. The warranty is excluded in case of normal wear and tear or damages caused by misuse or non-compliant use, including incorrect connection, power surges, mechanical alterations, falls, or lack of maintenance.
It is reminded that THIRARD ASIA cannot be held responsible if the manufacturer refuses to apply its warranty for legitimate reasons.
To benefit from the commercial warranty, the customer must keep the purchase invoice and the original packaging.
ARTICLE 14 – Data Protection and Privacy
14.1 Data Processing and Customer Rights
The personal data of customers collected are subject to computer processing for which THIRARD ASIA is responsible.
This processing is intended not only for order processing but also for improving customer service and sending targeted offers. THIRARD ASIA reserves the right to communicate them to any service providers responsible for the execution, processing, management, and payment of orders. Personal data may be transferred to third parties for order fulfillment, such as transport service providers.
The data is retained for a period of three years from the end of the commercial relationship.
The customer has the right to access, modify, rectify, and delete their data in accordance with the Hong Kong Basic Law. To exercise this right, it is sufficient to send a letter to the following address: THIRARD ASIA – 1604, 16/F, Island Centre, 470 Reclamation Street, Mongkok, Kowloon.
The use of personal information for purposes other than order fulfillment will only be possible when the customer has expressly given their consent by activating this function in their customer account. The customer may deactivate this function at any time.
14.2 Customer’s Rights after Death
Any person may define directives concerning the storage, erasure, and communication of their personal data after their death. These directives may be general or specific.
General directives concern all personal data and can be registered with a digital trusted third party.
Specific directives concern the processing of personal data mentioned in these directives. They must be expressly registered with THIRARD ASIA at the time of data collection.
The general and specific directives define how the person wishes the rights mentioned in Article 14.1 to be exercised after their death.
The customer can modify or revoke their directives at any time, through their customer account or by any other written means.
The directives may designate a person responsible for their execution. This person then has the authority, after the customer’s death, to become aware of the directives and request their implementation. In the absence of designation or unless otherwise specified in the directives, in the event of the customer’s death, their heirs have the authority to become aware of the directives and request their implementation.
ARTICLE 15 – Telephone Solicitation
In order to avoid being subject to commercial prospecting by telephone, the customer can register for free on the telephone solicitation opposition list managed by OPPOSETEL SAS, 92-98 Boulevard Victor Hugo – 92110 CLICHY.
This telephone solicitation list is accessible at the following address: http://www.bloctel.gouv.fr/.
ARTICLE 16 – Cookies
For statistical and display purposes, THIRARD ASIA informs the customer that cookies record certain information stored in the memory of their hard drive. These cookies also allow THIRARD ASIA to offer the customer the most suitable offers based on the products they have previously selected during previous visits.
ARTICLE 17 – Waste Recovery
THIRARD ASIA will provide any customer who requests it with a location for deposit or a specialized waste treatment station near the premises of THIRARD ASIA, or any distributor of waste electrical and electronic equipment or batteries selling these products under their brand name, or any authorized person for the collection of such waste.
In any case, the customer can deposit them in any location suitable for the recovery of such waste.
It is strictly prohibited to dispose of waste electrical and electronic equipment, batteries, or accumulators in household waste or to discard them in the natural environment. Waste electrical and electronic equipment may contain hazardous substances that can have serious effects on the environment and health. By participating in the collection of end-of-life electronic equipment, the customer will contribute to the preservation of natural resources and the protection of health.
Packaging REP Identifiers:
Customer No.: 536136
Unique identifier No.: FR245582_01CLUJ
Products and Building Construction Materials REP Identifiers:
Customer No.: 5JNGFZHV
Unique identifier No.: FR021614_04VOUG
ARTICLE 18 – Intellectual Property
The content of the Site (illustrations, texts, labels, trademarks, images, videos) is the property of THIRARD ASIA and its partners, and is protected by Hong Kong and international laws relating to intellectual property.
Any total or partial reproduction of this content is strictly prohibited, except with the express prior agreement of THIRARD ASIA, and may constitute an offense of counterfeiting or unfair competition. Unless expressly authorized, THIRARD ASIA does not permit the creation of hyperlinks.
ARTICLE 19 – Complaints
For any questions or complaints, the customer can contact THIRARD ASIA at the following address:
1604, 16/F, Island Centre, 470 Reclamation Street, Mongkok, Kowloon
Tel: +852 2801 6399
ARTICLE 20 – Language
These general terms and conditions of sale are drafted in English. In the event of translation into one or more foreign languages, only the English text shall prevail in the event of a dispute.
ARTICLE 21 – Applicable Law – Prescription – Jurisdiction – Capital Link
21.1 Applicable Law
These general terms and the sales resulting from them are subject to Hong Kong Basic Law.
21.2 – Prescription for professional customers
The parties agree that any actions brought by the professional customer under these terms and conditions are subject to a one-year prescription period in accordance with Article 2254 of the Civil Code.
21.3 – Jurisdiction
The competent court will be determined in accordance with the rules of common law unless you are a trader.
For traders, any dispute between the parties relating to their commercial relations, including the conclusion, interpretation, performance, and termination of this contract, as well as the termination of their relationship, shall be subject to the exclusive jurisdiction of the courts in the jurisdiction of the registered office of THIRARD ASIA, even in the event of third-party proceedings or multiple defendants.
In the absence of resolution of the dispute through the complaint procedure stipulated in Article 19, the consumer customer is informed that, within one year from the date of the complaint, they can use conventional mediation free of charge, in particular with the mediator made available by the company THIRARD ASIA: MEDIATION SOLUTION – 222, Chemin de la Bergerie – 01800 SAINT JEAN DE NIOST 04.82.53.93.06.
Email: [email protected]
For more information, you can contact THIRARD ASIA via email at: [email protected]
THIRARD ASIA is a subsidiary of the T.L.C. group, a simplified joint-stock company established since April 2012. The T.L.C. group is registered under SIREN 751530999 and is located in FRESSENNEVILLE (80390).