General Terms and Conditions of Sale - CLIMSOM


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1 - Scope of Application
Sales and contracts are subject to these general conditions, except for express derogation decided by the parties. NEO FACTORY - CLIMSOM (SIRET: 51051857400023) reserves the right to modify its general terms of sale.


2 - Contract Formation

2-1 - Contract Conclusion Date
Sales made by NEO FACTORY - CLIMSOM are perfected between the parties and ownership is transferred to the buyer upon validation of the initial payment, even though the item has not yet been delivered. Therefore, amounts paid prior to delivery are considered deposits.

2-2 - Information Obligations
NEO FACTORY - CLIMSOM fulfills its duty of pre-contractual advice and information. NEO FACTORY - CLIMSOM notably meets its obligation to inform the consumer about the essential characteristics of the goods, allowing the latter to obtain a detailed description by visiting the website www.climsom.com or by calling the advisers employed by NEO FACTORY - CLIMSOM.

2-3 - Pricing
Prices are stated inclusive of all taxes, excluding any customs duties that may be payable by the recipient. The products are provided at the prices in effect at the time the order is placed.

2-4 - Delivery Charges
The rates indicated in the shop are valid for mainland France.
Delivery rates applicable to other destinations are calculated and displayed after entering the delivery address and before payment, or throughout the shop after the user logs into their customer account.
When a product is marked "Free Shipping," the shipping costs appearing on the purchase invoice are offset by a discount that neutralizes said shipping cost.


3 - Fulfillment of NEO FACTORY - CLIMSOM's Contractual Obligations

3-1 - Delivered Item
The quantity and qualities of the delivered item are those specified at the time of the order.
NEO FACTORY - CLIMSOM reserves the right to modify the item to be delivered when the modifications are related to technical developments and do not result in a price increase or degradation of the product quality, provided that the consumer remains free to specify the characteristics upon which their commitment depends.
The items sold by NEO FACTORY - CLIMSOM are guaranteed new in accordance with current law and have not been used previously, except for quality control purposes at the end of production.
The products offered comply with current European legislation and standards applicable in Europe. They are accompanied by the CE mark.

3-2 - Delivery Time
The delivery time is agreed upon by the parties to the contract, depending on the supply and transport possibilities of NEO FACTORY - CLIMSOM, its suppliers, and its partners and in the order of arrival of orders. If purchasing multiple products, the order may be delivered in several parcels, on potentially different dates and through several carriers. The availability of a product and its delivery time are indicated on each product sheet online at www.climsom.com. NEO FACTORY commits to monitoring all deliveries and to communicating any additional information desired by a Client within 24 working hours. Furthermore, tracking information is available on the personal customer account accessible at www.climsom.com.

NEO FACTORY - CLIMSOM commits to delivering the client within a maximum of 4 days for all products available in stock at the time of the order. NEO FACTORY - CLIMSOM commits to making every effort to respect the deadlines indicated on the website and to use all possible means to inform the client of any potential delays. This period may be longer for orders shipped outside mainland France. For European Union countries, the delivery time is generally close to the deadline applicable in mainland France.

When the product is no longer in stock, NEO FACTORY - CLIMSOM commits to making every effort to ensure delivery is made as soon as possible and to keep the client informed.
The responsibility of NEO FACTORY - CLIMSOM cannot be engaged for any delay in delivery of less than 2 weeks, particularly for reasons related to potential stock discrepancies.

3-3 - Place of Delivery
The delivery location is determined by the buyer at the time of the order.
NEO FACTORY - CLIMSOM cannot be held responsible for delivery issues resulting from incorrect labeling of the address or access difficulties to the delivery location.
The consequences of these difficulties fall on the purchaser. Only the deliverers are authorized to judge the difficulty of access.


4 - Fulfillment of the Buyer's Contractual Obligations

4-1 - Payment of the Price
The buyer pays the price in cash, by credit or debit card, PayPal, wire transfer, check or any other available means of payment, at the time of the order, under the terms agreed between the parties.

4-2 - Payment in Installments with Alma
Payment in installments/deferred is available through our partner Alma. Payment security is ensured by Alma and its providers. All payments are protected by 3D Secure.
Purchase Amount
P2X: Only purchases between 100 € and 2,000 € are eligible for payment with Alma.
P3X: Only purchases between 100 € and 2,000 € are eligible for payment with Alma.
P4X: Only purchases between 100 € and 2,000 € are eligible for payment with Alma.
Fees When paying in installments with Alma, the Client incurs no fees.
Alma is a payment manager and issues an electronic certificate which will be considered proof of the amount and date of the transaction in accordance with the provisions of Articles 1316 and following of the Civil Code.
Cancellation - Any termination of the T&Cs between the Seller and the client will result in the termination of the T&Cs between Alma and the client.

4-3 - Buyer's Obligations at the Time of Receipt of Goods
NEO FACTORY - CLIMSOM, as a professional, is responsible towards the consumer for the proper execution of the obligations arising from the contract concluded at a distance; on the other hand, it can exempt itself from all or part of its responsibility by providing proof that the non-performance or poor performance of the contract is attributable either to the consumer, to the unforeseeable and insurmountable act of a third party to the contract, or to a case of force majeure.
Upon delivery, the client must unpack the Product in the presence of the carrier to verify the conformity of the delivered Order in the presence of the carrier before signing the Delivery Note.
In case of anomalies concerning the delivery, the Client must indicate his reservations in the form of detailed, dated, explicit observations accompanied by his signature on the delivery slip. These anomalies may include, for example:
- Damaged product: scratches, cracks, bumps...
- Product not conforming in nature or quantity.
In case of anomaly or non-conformity, the Client must refuse the parcel and must, as soon as possible or even on the same day of delivery, send his complaints to the NEO FACTORY - CLIMSOM Customer Service at the following address:

NEO FACTORY - CLIMSOM
Customer Service
6, Allée du Commandant Charcot
44000 Nantes FRANCE

Any claim made beyond 7 days following the delivery will not be accepted.
The expressions "subject to unpacking" or "subject to damage" are insufficient to prove the existence of damage. Your reservations must be clear, precise, and detailed.
The absence of claims, the non-emission of reservations by the Client means that the Delivered Product is deemed satisfactory and may not be subject to any subsequent dispute. For example, the Client cannot issue a reservation to NEO FACTORY - CLIMSOM after the departure of the carrier, even if the package has not been opened in the presence of the carrier.
In case of confirmed non-conformity of the delivered goods with the ordered goods, after unpacking or at the time of delivery, the purchaser can refuse the delivered products without any fees. The burden of proof of this non-conformity rests with the purchaser.


5 - Lowest Price Guarantee
The prices of CLIMSOM brand products are guaranteed to be the lowest in mainland France: if you find, within 15 days following the date of your order, an identical product accompanied by the same services, sold by a company registered in the commercial registry in France, at a lower price, then NEO FACTORY - CLIMSOM will refund the difference, upon simple presentation of a catalogue or advertisement with prices effective at the time of the claim excluding clearance items and/or demonstration products as well as products sold new on auction sites or classified ads unless explicitly and exceptionally agreed by the commercial service.


6 - Product Warranty

6-1 - Nature of the Warranty

6-1-1 CLIMSOM mattress toppers are covered by a "manufacturers" warranty which covers any manufacturing defects. Its implementation (labor and transport) is carried out free of charge by NEO FACTORY - CLIMSOM in France only. Only the shipment of the product by the Client to the company NEO FACTORY remains at the Client's expense.
Its duration is 2 years from the date of delivery of the product.
Interventions under the warranty shall not have the effect of extending its duration.
Any product eligible for the warranty must first be submitted to the seller's after-sales service, whose agreement is essential for any replacement or repair.
Independent of the warranty thus granted, the seller remains liable for defects in conformity of the good with the contract and latent defects.

6-1-2 Products other than those referred to in Article 6-1-1 sold on the site www.climsom.com are covered by the warranty of conformity of the sold item and absence of hidden defects, as well as, if expressly mentioned, a supplier warranty whose duration is then indicated on the product sheet.

6-1-3 The consumer may choose between repair and replacement of the goods. The seller may, however, choose another method than that chosen by the buyer if this choice entails a cost manifestly disproportionate to the other method.

6-1-4 The consumer is exempted from providing proof of the existence of the goods' conformity defect for 24 months following the delivery of the goods.

6-1-5 The legal warranty of conformity applies independently of any commercial warranty that may have been subscribed.

6-1-6 The consumer may decide to implement the warranty against hidden defects of the sold item. In this case, he can choose between resolution of the sale or a reduction of the sale price.

6-1-7 Procedures for returning the delivered goods. Before any return of a product, the Client must contact by email (contact@climsom.com) or phone (+33 2 85 52 44 74) the Customer Service which will indicate the return procedures depending on the concerned product and the reason for the return. The means of return will be at the initiative, convenience, and expense of the client. Under no circumstances can NEO FACTORY - CLIMSOM be held to organize the return of goods cancelled under the exercise of the right of withdrawal. The transfer of risks from the client to NEO FACTORY - CLIMSOM will be considered effective only upon receipt of the product by NEO FACTORY – CLIMSOM or one of its suppliers at the address to which the Client has been invited to return the products. The products must be in good condition and returned in their original packaging, to which a covering packaging covering the entirety of the product is added; they must be accompanied by their accessories, assembly instructions, and proof of purchase. Only after verifying that these conditions are met will NEO FACTORY - CLIMSOM proceed to the reimbursement of the amounts received for the returned goods, except for the initial shipping costs. Otherwise, no refund can be demanded, the client remains the owner of the product, which he can come to collect within a maximum period of one month.


6-2 - Exclusions
Defects and damage caused by natural wear and tear or by an external accident (incorrect assembly, faulty maintenance, abnormal use, fire, water damage...), or by a modification of the product not planned nor specified by the seller, are excluded from the warranty.
Similarly, the seams of the climate-controlled CLIMSOM mattress toppers are not covered by the warranty. The manufacturer's warranty cannot cover cases where an apparent defect at the time of receipt of the goods was not declared by the consumer upon delivery, in accordance with the general terms of sale.
Beyond the climate-controlled CLIMSOM mattress toppers, NEO FACTORY selects certain products offered on its site from different suppliers and ensures that they comply with current European legislation and applicable standards in Europe. If, despite the precautions taken, a product were to be withdrawn from the market for any reason by said suppliers, NEO FACTORY will remove the product from sale as soon as possible. This action cannot in any case give rise to a right of pursuit in favor of the Client.


6-3 - Implementation
The Client who wishes to implement the warranty must contact the Customer Service of the company NEO FACTORY - CLIMSOM by mail, email, or phone.
After verification of the conditions for implementing the warranty, the Customer Service will transmit to the buyer the appropriate return instructions for the product and possibly the reasons for the return.
The buyer will then send the Product accompanied by a copy of the proof of purchase and any document attesting to the date of delivery to the address communicated by NEO FACTORY - CLIMSOM. It may be either the address of NEO FACTORY, that of one of its suppliers, or that of a repair center.
NEO FACTORY - CLIMSOM and its partners will then proceed to the shipment of the repaired product, a new product, or a refund as soon as possible.


7 - Cancellation: Right of Withdrawal & "satisfied or refunded 30 days" offer

7-1 - Exercise of the Right of Withdrawal
The withdrawal period is 14 days from the day following the receipt of the goods. The exercise of this right is carried out by sending a registered letter with acknowledgment of receipt formalizing the 14 calendar days to the NEO FACTORY - CLIMSOM Customer Service, 6 Allée du Commandant Charcot 44000 Nantes FRANCE. NEO FACTORY may dispense with such a registered letter by email exchanges.
In some cases, the right of withdrawal is excluded, including for products that may deteriorate quickly or goods opened and non-returnable for reasons of hygiene and health protection.

7-2 - "Satisfied or refunded 30 days" Offer
NEO FACTORY - CLIMSOM grants an extension of the right of withdrawal such that the buyer may retract within 30 days following the act of purchase of the product under the same conditions as those provided for the legal right of withdrawal. This Article 7-2 applies only to climate-controlled CLIMSOM mattress toppers.

7-3 - Consequences of the Exercise of the Right of Withdrawal
After qualitative and quantitative verification of the returned products, the exercise of this right results in a refund by total or partial cancellation of the original payment by credit card or Paypal, the issuance of a check, or the issue of a bank transfer as reimbursement of the sums paid.

7-4 - Procedures for Returning the Delivered Goods
Before any return of a product, the Client must contact by email (contact@climsom.com) or phone (+33 2 85 52 44 74) the Customer Service which will indicate the return procedures depending on the concerned product and the reason for the return. The means of return will be at the initiative, convenience, and expense of the client. Under no circumstances can NEO FACTORY - CLIMSOM be held to organize the return of goods cancelled under the exercise of the right of withdrawal. The transfer of risks from the client to NEO FACTORY - CLIMSOM will be considered effective only upon receipt of the product by NEO FACTORY – CLIMSOM or one of its suppliers at the address to which the Client has been invited to return the products. The products must be in good condition and returned in their original packaging, to which a covering packaging covering the entirety of the product is added; they must be accompanied by their accessories, assembly instructions, and proof of purchase. Only after verifying that these conditions are met will NEO FACTORY - CLIMSOM proceed to the reimbursement of the amounts received for the returned goods, except for the initial shipping costs. Otherwise, no refund can be demanded, the client remains the owner of the product, which he can come to collect within a maximum period of one month.

7-5 – Exclusions
The provisions of this Article 7 apply to non-professional natural persons to the exclusion of legal entities and professionals.


8 - Data Protection and Liberties
In accordance with the "Data Protection and Liberties" law of January 6, 1978, amended by the law of August 6, 2004, you have the right to access and rectify data concerning you. You can exercise this right at any time at:
NEO FACTORY - CLIMSOM - Customer Service,
6, Allée du Commandant Charcot 44000 Nantes FRANCE
E-mail: contact@climsom.com
NEO FACTORY guarantees the non-transmission – free of charge or for a fee – of its Clients' personal information.
NEO FACTORY has declared the processing of personal data to the CNIL: CNIL declaration n°1493753.

Processes carried out by NEO FACTORY - CLIMSOM on the "CASANEO" Platform:
As a co-responsible for processing, the advertiser uses a software platform "CASANEO" equipped with tracking tools (a), administration tools (b), and integration of promotional materials (c), as described below.
a) A tracking system of the internet user between affiliated sites and the advertiser
That is, a program that determines by computer means whether and when an internet user moves from the affiliated site to the Advertiser's site by using the link placed on the Affiliate's site (through a click). This software solution also determines whether the internet user has filled out a form for the so-called "prospect" programs or whether the internet user has made a purchase for the so-called "sale" programs thanks to the implementation of a tag on the advertiser's site for the tracking of conversions (sales, lead).
b) An Administration Interface
To validate/refuse/deactivate affiliates.
To view the activity report of its Programs.
c) Integration of promotional materials
Integration and setting up of promotional materials (banner, product flow, text link) on affiliate sites.
The GDPR documentation of the Casaneo platform is available at the following link:
www.casaneo.io/rgpd/

9 - Intellectual Property
All texts, comments, illustrations, images, sounds, reproduced on the site climsom.com, the product packaging, the user manual, and the product itself are protected under copyright, trademark law, and right to the image, and this worldwide. They are the full and exclusive property of NEO FACTORY - CLIMSOM.
As such and in accordance with the provisions of the Intellectual Property Code, only use for private use under the conditions more restrictive than those of the Intellectual Property Code, is authorized. Any mention related to Climsom must be accompanied by the link www.climsom.com

Any other use constitutes infringement and is punishable under the Intellectual Property Law unless prior authorization from NEO FACTORY - CLIMSOM.

10 – Eco-contributions and Syderep
NEO FACTORY – CLIMSOM adheres to the following organizations:
- ECOLOGIC for the regulation on the recycling of electronic products (WEEE). Unique identification number SYDEREP of NEO FACTORY – CLIMSOM: FR006558_05GO2C
- ECO-FURNITURE for the regulation on the recycling of Furniture Elements (DEA). Unique identification number SYDEREP of NEO FACTORY – CLIMSOM: FR006558_10BGFG
- CITEO for the regulation on the recycling of Household Packaging (REP Packaging). Unique identification number SYDEREP of NEO FACTORY – CLIMSOM: FR006558_01OXNQ
- CITEO for the regulation on the recycling of Graphic Papers (REP Papers). Unique identification number SYDEREP of NEO FACTORY – CLIMSOM: FR006558_03SNDA
- REFASHION for the regulation on the recycling of Textile (REP TLC). Unique identification number SYDEREP of NEO FACTORY – CLIMSOM: FR006558_11YJAD
- SCRELEC for the regulation on the recycling of cells and batteries (REP PA). Unique identification number SYDEREP of NEO FACTORY – CLIMSOM: FR006558_06JDHM



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