The Products are supplied at the prices displayed on the Site, at the time the order is registered by the Seller.
Prices are expressed in Euros, including tax and VAT.
The prices take into account any discounts granted by the Seller.
These prices are firm and non-revisable during their period of validity, but the Seller reserves the right to modify the prices at any time outside the period of validity.
The prices do not include the costs of processing, shipping, transport and delivery, which are invoiced in addition, under the conditions indicated on the Site and calculated before the order is placed.
The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is drawn up by the Seller and sent to the Customer upon delivery of the Products ordered.
Article 3 - Customer profile and orders
3.1 - Customer area
In order to place an order, the Customer may create an account (customer profile).
To do so, he/she must register by filling in the form that will be displayed at the time of his/her order and undertakes to provide sincere and accurate information concerning his/her civil status and contact details, in particular his/her email address and age.
The Customer is responsible for updating the information provided. The Customer is informed that he can modify his details by logging into his account.
To access his personal space and order history, theCustomer must identify himself using his user name and password, which he chooses and which are strictly personal. In this respect, the Customer shall refrain from disclosing them. The Customer shall remain solely responsible for the use that is made of his/her account.
The Customer may also request to unsubscribe by visiting the dedicated page on his personal space or by sending an email to firstname.lastname@example.org. This will be effective within a reasonable time.
In the event of non-compliance with these GTCS, AQUERONE may suspend or even close a Customer's account after formal notice has been sent by electronic means and has remained without effect.
Any deletion of an account, for whatever reason ,will result in the deletion of all personal information of the Customer.The Seller shall not be liable for any event due to force majeure resulting in a malfunction of the Site or server, subject to any interruption or modification in the event of maintenance.
The creation of an account implies acceptance of these GTCS.
It is the Customer's responsibility to selectthe Products he/she wishes to order on the Site, according to the followingprocedures: Selecting and adding the desiredproducts into the cart. Following the checkout and payment procedures.
The offers of Products are valid as long as they are visible on the Site, within the limits of available stock.
The sale will only be considered valid after full payment of the price. It is the Customer's responsibility to check the accuracy of the order and to report any errors immediately.
Any order placed on the Site shall be regarded as a binding contract remotely signed between the Customer and the Seller.
The Seller reserves the right to cancel or refuse any order from a Customer with whom there is a dispute over payment of a previous order.
The Customer can follow the progress of his order on the Site.
ARTICLE 4 - Terms of payment
The price is paid by secure payment, as follows:
payment by credit card through the service providerVivawallet. The general conditions of Vivawallet are available at https://www.vivawallet.com/terms-and-conditions For the sake of clarity, the merefact for the Customer to use the payment by credit card implies full and finalacceptance of the Vivaallet terms and conditions.
The price is payable by the Customer, in full on the day the order is placed.
Payment data is exchanged in encrypted mode using the protocol defined by the approved payment service provider for banking transactions according to the Viva wallet terms.
Payments made by the Customer shall not be considered final until the Seller has actually received the amounts due.
The Seller shall not be obliged to deliver theProducts ordered by the Customer if the Customer does not pay the price in full with the above conditions.
ARTICLE 5 - Deliveries
The Products ordered by the Customer will be delivered at the address mentioned by the Customer, being recalled that it is the Customer responsibility to ensure he/she can order the Products regarding applicable laws and regulations.
Deliveries are made within the time specified on the Site and to the address indicated by the Customer when ordering on the Site.
It is specified that deliveries are made by an independent carrier, to the address mentioned by the Customer at the time of the order and to which the carrier shall have easy and convenient access.
The Customer therefore acknowledges that it is the carrier's responsibility to make the delivery and has no recourse against the Seller in the event of failure to deliver the goods transported.
In this respect, the risks on the Products are transferred at the time of delivery of the goods to the carrier.
Except in special cases or when one or more Products are unavailable, the Products ordered will be delivered at once.
The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above, the latter being indicative.
However, if the ordered Products were not delivered within 15 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale could be cancelled at the written request of the Customer under the conditions described in articles L 216-2, L 216-3 and L241-4 of the French Code de la consommation. The sums paid by the Customer will then be repaid to him at the latest in the fourteen days which follow the date of denunciation of the contract, with the exclusion of any compensation or retention right.
In the event of a specific request from the Customer concerning the conditions of packaging or transport of the Products ordered, duly accepted in writing by the Seller, the related costs shall be subject to specific additional invoicing, based on a quotation previously accepted in writing by the Customer.
The Customer is required to check the condition of the Products delivered. He/she has a period of 72 hours from the date of delivery to make complaints by e-mail, accompanied by all the relevant supporting documents (in particular photos). After this period and if these formalities are not respected, the Products shall be deemed to be in conformity and free of any apparent defect and no claim shall be validly accepted by the Seller.The Seller shall reimburse or replace, as soon as possible and at its own expense, the Products delivered for which the Customer has duly proved the defects of conformity or the apparent or hidden defects, under the conditions provided for in Articles L 217-4 et seq. of the French Code de la Consommation and those provided for in these GTC.
ARTICLE 6 - Transfer of ownership
The transfer of ownership of the Products from the Seller to the Customer will only take place after full payment of the price by the latter, regardless of the date of delivery of the Products.
ARTICLE 7 - Right of withdrawal
According to the terms of Article L221-18 of the French Code de la Consommation
, for contracts providing for the regular delivery of goods during a defined period, the time limit runs from receipt of the first good. The right of withdrawal can be exercised online, using the withdrawal form here
and also available on the site or any other unambiguous statement expressing the desire to withdraw the order and in particular by mail addressed to the Seller at the postal or e-mail address indicated in ARTICLE 1 of the GTC.Returns must be made in their original condition and complete (packaging, accessories, instructions, etc.) so that they can be remarketed in new condition, accompanied by the purchase invoice.Products that have been opened, damaged, soiled or incomplete will not be accepted.The cost of returning the goods will be borne by the Customer.The exchange (subject to availability) or refund will be made within 14 days of the Seller's receipt of the Products returned by the Customer under the conditions set out in this article.
ARTICLE 8 - Seller's liability - Warranties
The Products supplied by the Seller benefit from :
- the legal guarantee of conformity, for defective, damaged or damaged Products that do not correspond to the order,
- the legal guarantee against hidden defects resulting from a material, design or manufacturing defect affecting the Products delivered and making them unfit for use,
Provisions relating to legal guarantees :
Article L217-4 of the French Code de la Consommation
"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 shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made his responsibility by the contract or was carried out under his responsibility.”Article L217-5 of the French Code de la Consommation"
The Products is in conformity with the contract:
1° Whether it is fit for the purpose ordinarily expected of similar goods and, if so :
- if it corresponds to the description given by the seller and has the qualities presented to the buyer in the form of a sample or model;
- it has the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or if it has the characteristics defined by mutual agreement between the parties or is fit for any special purpose sought by the buyer, brought to the seller's attention and accepted by the latter.”Article L217-12 of the French Code de la Consommation"The action resulting from the lack of conformity shall be barred after two years from the delivery of the goods.
”Article 1641 of the French Civil Code."The seller is bound by the guarantee for hidden defects in the thing sold which make it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would have given only a lower price for it, if he had known about them.
Article 1648 paragraph 1 of the French Civil Code"The action resulting from prohibitory defects must be brought by the purchaser within two years of the discovery of the defect.”
Article L217-16 of the Consumer Code."When the buyer asks the seller, during the course of the commercial guarantee granted to him at the time of the acquisition or repair of a movable good, for a repair covered by the guarantee, any period of immobilisation of at least seven days shall be added to the duration of the guarantee that remained to run. This period shall run from the date of the buyer's request for service or from the date the goods in question are made available for repair, if this is after the request for service.”In order to assert his rights, the buyer must inform the seller, in writing (e-mail or letter), of the non-conformity of the Products or of the existence of hidden defects from the moment of their discovery. The Seller will refund, replace or repair Products or parts under warranty that are found to be non-conforming or defective. The cost of postage will be reimbursed on the basis of the invoiced rate and the cost of return will be reimbursed on presentation of the receipts. Refunds, replacements or repairs of Products deemed to be non-conforming or defective shall be made as soon as possible and at the latest within 5 days of the Seller's finding of the lack of conformity or hidden defect. This refund may be made by bank transfer or cheque.
The Seller shall not be liable in the following cases:- non-compliance with the legislation of the country to which the Products are delivered, which it is up to the Customer to check,- in case of misuse, professional use, negligence or lack of maintenance by the Customer, as well as in case of normal wear and tear of the Product, accident or force majeure.- The photographs and graphics presented on the site are not contractual and cannot engage the responsibility of the Seller. The Seller's guarantee is, in any case, limited to the replacement or reimbursement of Products that do not conform or are affected by a defect.
IN ANY EVENT, THE SELLER DOES NOT WARRANT THE SUITABILITY OF THE PRODUCTS SOLD FOR ANY PARTICULAR PURPOSE. SIMILARLY, THE SELLER DOES NOT GUARANTEE ANY EFFECT, THERAPEUTIC OR OTHERWISE, OF THE PRODUCTS SOLD. THE CUSTOMER IS REMINDED THAT IT IS HIS OR HER RESPONSIBILITY TO SEEK ANY ADVICE (AND IN PARTICULAR MEDICAL ADVICE) BEFORE CONSUMING THE PRODUCTS, AND THAT THE SELLER EXPRESSLY EXCLUDES ANY GUARANTEE IN THIS RESPECT. SIMILARLY, THE SELLER CANNOT GUARANTEE THE ABSENCE OF SIDE EFFECTS OR UNDESIRABLE EFFECTS. THE CUSTOMER ACKNOWLEDGES AND ACCEPTS THIS, AND RELEASES THE SELLER FROM ANY LIABILITY IN THIS RESPECT.
ARTICLE 9 - Personal data
The Customer is informed that the collection of his personal data is necessary for the sale of the Products by the Seller as well as for their transmission to third parties for the purpose of delivering the Products. This personal data is collected solely for the execution of the sale contract.
9.1 Collection of personal data
The personal data that are collected on the Site are the following:
Opening an account
When creating a customer/user account:
- Name, First name
9.2 Recipients of personal data
Personal data is used by the Seller and its co-contractors for the execution of the contract and to ensure the efficiency of the sale and delivery of the Products.The category(ies) of co-contractor(s) is/are :
Transport providers: Big Blue Logistics, Chronopost, Colissimo, Mondial Relay, Hermes, DHL
Payment institution providers (Vivawallet, as listed above)·
Mailing list management service provider
SendInBlue (Sendinblue T&C’s can be found here https://www.sendinblue.com/legal/termsofuse/ )·
CRM solution: Airtable (Airtable T&C’s can be found here https://www.airtable.com/tos)
9.3 Data controller
The data controller is the Seller within the meaning of the Personal Data Protection Regulation 2016/679 (so called “GDPR”)
9.4 limitation of processing
Unless the Customer expressly agrees, his personal data will not be used for advertising or marketing purposes.
9.5 Data retention period
The Seller shall keep the data thus collected for a period of 5 years, covering the period of prescription of the applicable contractual civil liability.
9.6 Security and confidentiality
The Seller implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the Internet is not a completely secure environment and the Seller cannot guarantee the security of the transmission or storage of information on the Internet.
9.7 Enforcement of Client and User Rights
In application of the regulations applicable to personal data, Customers and users of the Site have the following rights:
- They can update or delete their data in the following ways: By logging into your account or by sending a request to email@example.com.
- They can delete their account by writing to the e-mail address indicated in article 9.3 "Controller".
- They may exercise their right of access to the personal data concerning them by writing to the address indicated in Article 9.3 "Data controller"
- If the personal data held by the Seller is inaccurate, they may request that the information be updated by writing to the address indicated in article 9.3 "Data controller".·
- They may request the deletion of their personal data, in accordance with the applicable data protection laws, by writing to the address indicated in Article 9.3 "Data controller".
- They may also request the portability of data held by the Seller to another provider·
- Finally, they may object to the processing of their data by the Seller.
These rights, as long as they are not opposed to the purpose of the processing, can be exercised by sending a request by post or by e-mail to the Data Controller whose contact details are given above.The controller must provide a response within a maximum of one month. If the Customer's request is refused, reasons must be given.
The Customer is informed that in the event of refusal, he may lodge a complaint with the CNIL (3 place de Fontenoy, 75007 PARIS) or refer the matter to a judicial authority.The Customer may be asked to tick a box by which he agrees to receive informative and advertising e-mails from the Seller. He will always have the possibility to withdraw his agreement at any time by contacting the Seller (contact details above) or by following the “unsubscribe” link.
ARTICLE 10 - Intellectual Property
The content of the Site (design, pictures, look and feel) is the property of the Seller and its partners and is protected by French and international intellectual property laws.Any total or partial reproduction of this content is strictly prohibited and may constitute an infringement of copyright.
ARTICLE 11 - Applicable law - Language
These GTCS and the transactions arising from them are governed by and subject to French law.These GTCS are written in English, but originally drafted in French language. In the event that these GTCS are translated into one or more foreign languages, only the French text will be deemed authentic in the event of a dispute.
ARTICLE 12 - Disputes
ARTICLE 12 - Disputes
For any complaint, please contact the customer service department at the Seller's postal or e-mail address indicated in ARTICLE 1 of these GTC.
The Customer is informed that he may in any case have recourse to conventional mediation, with the existing sectoral mediation bodies or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.In this case, the appointed mediator is CMAP (Paris Arbitration and Mediation Centre)E-mail: firstname.lastname@example.org
The Customer is also informed that he/she can also use the Online Dispute Resolution (ODR) platform: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.
All disputes arising from the purchase and sale operations concluded in application of these GTC and which have not been settled amicably between the seller or by mediation, shall be submitted to the competent courts under the conditions of common law.