Article 1. SCOPE

These General Warranty Conditions are applicable between THALEOS LIMITED, a limited liability company under Hong Kong law, with a head office at Rooms 1402-1403, 14/F, Kowloon Building, 555 Nathan Road, Mongkok, Kowloon, Hong Kong, registered with the Hong Kong trade and companies register under number 1784163, hereinafter referred to as "Thaleos", and ANY natural or legal person who has acquired a Product from Thaleos or one of its Dealers, hereinafter referred to as "the Customer".

These General Warranty Conditions apply to the contractual relationships between Thaleos and the Customer. The warranty is only valid for Customers who have directly acquired a Product from Thaleos, with the exclusion of those who acquired a product from a Dealer.

Thaleos reserves the right to modify these General Warranty Conditions at any time. In this respect, the new General Warranty Conditions shall be applicable as soon as the Customer has agreed to them.

Article 2. DEFINITIONS

"Customer": anyone who has acquired a Product from Thaleos. "Product": LED lighting product ordered by the Customer from Thaleos. "Dealer": anyone who has acquired a Product from Thaleos or a Dealer and has resold it.

Article 3. PURPOSE

The purpose of these General Warranty Conditions is to define the conditions of the warranty applicable to the Product.

Article 4. PRODUCT WARRANTY

4.1 Purpose of the warranty

Subject to the stipulations below, any defect or fault shall result, within a reasonable time frame and at the discretion of Thaleos, in the Product being repaired or replaced or in a credit note being issued.

The warranty period is featured on the Product's technical data sheet. If there is no specific warranty period mentioned in the technical data sheet, the Product is under warranty for 1 year.
The warranty period starts from the moment the Customer orders the Product. Thaleos' potential interventions under this warranty shall not extend the warranty period.

4.2 Warranty conditions

4.2.1 Warranty against conspicuous defects and faults

It is incumbent upon the Customer to verify that the Products are in good condition upon delivery. This verification must cover the quality, quantity and references of the Products as well as their compliance with the order. No claims concerning conspicuous defects and faults which are not made within 24 hours of delivery shall be taken into account. In all cases, claims concerning delivered packages shall only be taken into account if the Customer has expressed reservations to the carrier, in accordance with articles L. 133-3 et seq. of the French Commercial Code.

4.2.2 Warranty against hidden defects and faults

The warranty against hidden defects and faults is not applicable :

• in the case of damage caused by an element unrelated to the Product ;

• in the case of an intervention or Product repair by a third party service provider or the Customer ;

• in the case of a deterioration or malfunction resulting from the normal wear and tear of the Product or its hardware or software components, as the end of life of a Product relating to its normal use during the warranty period does not result in the application of this warranty;

•  if the Customer was aware of or could have known about the hidden defect or fault at the time of delivery;

• por a Customer in the same business as Thaleos.

4.2.3 Intellectual property warranty

Thaleos provides no intellectual property warranty concerning the Products other than that against dispossession due to their own action, with the exclusion of any warranty against dispossession due to third parties. If proceedings for infringement, unfair competition or parasitism are filed against the Customer, the Customer may not call upon the Thaleos warranty or take recourse action.

4.3 Invoking the warranty

To benefit from the Product warranty, the Customer must:

• register the products they have acquired, by sending a registered letter with acknowledgment of receipt to ZAC des Echassons – Voie du Mort Ru – F-91310 Longpont sur orge, within 15 days of the acquisition of the Product, using the form provided for this purpose which can be downloaded from the website, www.thaleos.com;

• inform Thaleos, by sending a registered letter with acknowledgment of receipt to ZAC des Echassons – Voie du Mort Ru – F-91310 Longpont sur orge, of the existence of the defect or fault within 1 month of the discovery of this defect or fault, mentioning the Product delivery and/or installation date, the invoice date and number, a detailed description of the alleged defect or fault, the length of time the Product was used. Once this 1 month period has expired, the Customer will no longer be entitled to make a claim relating to the Products' warranty or invoke Thaleos' liability vis-à-vis the Products.

4.4 Return

Returned items must be subject to Thaleos' prior agreement in writing, indicating where the goods must be returned to.Returned items must be subject to Thaleos' prior agreement in writing, indicating where the goods must be returned to.

The returned Product must, in all cases, be sent by registered letter with acknowledgment of receipt, in a package guaranteeing its complete protection

Returns, dismantling and reassembly operations shall be carried out at the Customer's own expense and risk.

4.5 Consequence of the warranty

Thaleos may, at their discretion:

• repair the Product ;

• replace the Product with an identical or similar Product;

• issue a credit note to the Customer, limited to 70% of the Product purchase value.

The Customer agrees that Thaleos can be a substitute for anyone of their choice for the application of the warranty. The application of the warranty is not an entitlement to any form of compensation or damages for any reason whatsoever. Thaleos shall under no circumstances reimburse the Customer for replacement or repair costs invoiced by a third party supplier.

Should the Customer make an unfounded or incomplete warranty claim, Thaleos shall invoice the Customer €250 excl. VAT in administration fees.

Article 5. THALEOS' LIABILITY

In all cases, THALEOS' liability is limited to the Products. THALEOS shall not be held liable for damage caused to other elements, including electrical circuits and existing protections.

Thaleos' liability is limited to the direct, personal and definite damage suffered by the Customer and linked to the failure in question. Thaleos shall under no circumstances be held liable for indirect damage such as commercial losses, loss of orders, brand damage, business disruption and loss of profit or customers.

Similarly, the amount of damages payable by Thaleos shall not in any case exceed 50% of the price mentioned in the Estimate.

Article 6. FORCE MAJEURE – DEALER'S FAULT

Thaleos shall not be held liable and shall not be bound by the warranty in the event of force majeure or the fault of the Customer or a third party, as defined in this article:

6.1 Force majeure

Under these General Warranty Conditions, the following shall be considered a force majeure event, which can be legally invoked: any impediment, limitation, disturbance or Product deterioration directly or indirectly resulting from a cause unrelated to the Product such as fire, epidemic, explosion, earthquake, collapse of facilities, flood, power failure, war, embargo, law, injunction, demand or requirement of any government, requisition, strike, boycott, coup, fall, accidents, water damage, lightning, hail, or other circumstances beyond Thaleos' reasonable control.

6.2 Faute du Client ou d’un tiers

Under these General Warranty Conditions, the following shall be considered a fault of the Customer or a third party, which can be legally invoked: any improper use of the Products, fault, negligence, omission or failure of any kind, contractual or tortious, including failure to comply with Thaleos' advice, with the assembly, storage, installation, usage, maintenance or safety instructions, lack of maintenance, abnormal use of the Product, intervention on, repair or modification of the Product or its packaging, failure to comply with applicable standards or best practices, failure to use the installation accessories supplied with the Product, improper electronic installation, improper power supply conditions, overvoltage, abnormal current fluctuation, malfunction of the lighting control system, wrong instruction given by the Customer to Thaleos.

Article 7. GENERAL PROVISIONS

7.1 Applicable law – Dispute

Les présentes Conditions Générales de Garantie sont soumises à l’application du droit français, à l’exclusion de la Convention de Vienne du 11 avril 1980 sur la vente internationale de marchandise.

These General Warranty Conditions are subject to the application of French law, with the exclusion of the Vienna Convention of 11 April 1980 on the international sale of goods.
All disputes which may arise from the application of these General Warranty Conditions must, prior to any legal proceedings, be submitted to Thaleos with a view to amicable settlement.  IN THE EVENT OF A DISPUTE WITH A RETAILER CUSTOMER, THE EVRY COMMERCIAL COURT SHALL HAVE EXCLUSIVE JURISDICATION.

7.2 Non-waiver

The fact that Thaleos does not avail itself, on a temporary or permanent basis, of one or several provisions of these General Warranty Conditions shall under no circumstances be interpreted as a waiver of these provisions.

7.3 Severability

If one of the provisions of these General Warranty Conditions were to be deemed null and void by a court ruling, this nullity shall not entail the nullity of all other provisions, which would continue in full force.