GENERAL TERMS AND CONDITIONS OF SALE – INTERNETEffective as of 01/01/2018
ARTICLE 1 – SCOPE
These General Terms and Conditions of Sale (referred to as “GTC”) apply, without restriction or bag to all sales concluded by the Seller with non-professional buyers (“The Customers or the Customer”), wishing to acquire the products offered for sale (“The Products”) by the Seller on the www.aquadesign.eu website. The Products offered for sale on the site are the following: Equipment and Accessories intended for the practice of water sports: (Rafting boats, canoes, kayaks, Stand Up Paddle Boards, nautical equipment, repair accessories). The Products presented on the website www.aquadesign.eu are offered for sale in the following territories: Belgium, Croatia, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Spain. The main characteristics of the Products and in particular the specifications, illustrations and indications of dimensions or capacity of the Products, are presented on the site www.aquadesign.eu. The customer is obliged to read them before ordering. The choice and purchase of a Product are the sole responsibility of the Customer. Product offers are subject to availability, as specified when the order is placed. These GTC are accessible at any time on the site www.aquadesign.eu and will prevail over any other document. The Customer declares to have taken knowledge of the present GCS and to have accepted them by checking the box provided for this purpose before the implementation of the procedure of on-line order of the site www.aquadesign.eu. Unless proven otherwise, the data recorded in the Seller’s computer system constitutes proof of all transactions concluded with the Customer.
The Seller’s contact information is as follows:
MOOVING SARL – Limited liability company with a share capital of 45,734.71 euros
Registered at the RCS of Manosque, under the number 343 208 948 – Intracommunity VAT number FR 83343208948
The head office is located ZA, 1264 Avenue de Traversetolo 04 700 ORAISON, France.
Email : firstname.lastname@example.org – Phone : 04 92 79 77 03
ARTICLE 2 – PRICES
The Products are supplied at the prices in force appearing on the site www.aquadesign.eu, at the time the order is registered by the Seller. Prices are expressed in Euros, exclusive of tax and VAT. The prices take into account possible reductions which would be granted by the Salesman on the site www.aquadesign.eu. These prices are firm and non-revisable during their period of validity but the Seller reserves the right, outside of the period of validity, to modify the prices at any time..
Prices do not include processing, shipping, transportation and delivery charges, which are invoiced in addition, under the conditions indicated on the site and calculated prior to placing the order. The payment requested from the Customer corresponds to the total amount of the purchase, including these costs. An invoice is issued by the Seller and given to the Customer upon delivery of the ordered Products..
In case of an order to a country other than metropolitan France, the Customer is the importer of the Product(s) concerned. For all Products shipped outside the European Union and French overseas departments and territories, the price will be calculated excluding taxes automatically on the invoice. Customs duties or other local taxes or import duties or state taxes may be due. They will be charged to and are the sole responsibility of the Customer, both in terms of declarations and payments to the authorities and competent bodies of the country of destination. We advise the customer to inquire about these aspects with the local authorities.
ARTICLE 3 – ORDERS
It is the Customer’s responsibility to select on the website www.aquadesign.eu the Products he/she wishes to order, according to the following modalities : The Customer chooses a Product that he puts in his basket, Product that he can delete or modify. The offers of Products are valid as long as they are visible on the site, within the limit of available stocks. The sale will be considered valid only after full payment of the price. It is the Customer’s responsibility to verify the accuracy of the order and to immediately report any error. Any order placed on the site www.aquadesign.eu constitutes the formation of a contract concluded at a distance between the Customer and the Seller. The Seller bags the right to cancel or refuse any order from a Customer with whom there is a dispute relating to the payment of a previous order..
ARTICLE 4 – PAYMENT TERMS
The price is paid by secure payment, according to the following methods: payment by credit card or payment by bank transfer to the Seller’s bank account (whose details are communicated to the Customer when the order is placed). The price is payable in full by the Customer on the day the order is placed. The payment data are exchanged in encrypted mode thanks to the protocol defined by the approved payment service provider Stripe intervening for the banking transactions carried out on the site www.aquadesign.eu. Payments made by the Customer shall be considered final only after the Seller has received the sums due. The Seller shall not be obliged to deliver the Products ordered by the Customer if the Customer does not pay the price in full under the conditions indicated above..
ARTICLE 5 – LATE PAYMENT
In the event of failure to pay in full or in part for the goods delivered within the specified time, the Customer shall pay the Seller a late payment penalty equal to three times the legal interest rate. The legal interest rate shall be that in effect on the date of the invoice. This penalty is calculated on the amount including VAT of the sum still due, and runs from the due date of the price without any prior formal notice being necessary..
In addition to the late payment penalties, any sum not paid on its due date will automatically produce the payment of a fixed penalty of 40 euros due for collection costs as stipulated in Articles 441-6, I paragraph 12 and D 441-5 of the Commercial Code.
ARTICLE 6 – DELIVERY
The Products ordered by the Customer will be delivered in Metropolitan France or in the following zones: Belgium, Croatia, Denmark, Finland, France, Germany, Greece, Italy, Luxembourg, Spain. Deliveries are made within 4 days for a delivery in France (metropolis), and 7 days for a delivery abroad to the address indicated by the Customer when ordering on the site. Delivery is constituted by the transfer to the Customer of physical possession or control of the Product..
Unless there is a particular case or unavailability of one or more Products, the Products ordered will be delivered in one delivery. The Seller undertakes to make its best efforts to deliver the Products ordered by the Customer within the time limits specified above. However, these deadlines are communicated as an indication. If the ordered Products were not delivered within 7 days after the indicative date of delivery, for any other cause than the force majeure or the fact of the Customer, the sale will be able to be cancelled at the written request of the Customer under the conditions envisaged in the articles L 216-2, L 216-3 and L241-4 of the Code of the consumption. The sums paid by the Customer will be then restored to him at the latest in the fourteen days which follow the date of denunciation of the contract, to the exclusion of any compensation or retention..
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 will have easy access. When the Customer has chosen a carrier, delivery shall be deemed to have been made as soon as the Products ordered have been handed over by the Seller to the carrier, who has accepted them without any bag. The Customer therefore acknowledges that it is the carrier’s responsibility to make the delivery and has no recourse in warranty against the Seller in case of failure to deliver the goods transported..
In the event of a particular request by the Customer concerning the packaging or transport conditions of the ordered products, duly accepted in writing by the Seller, the related costs will be subject to specific additional invoicing, upon quotation previously accepted in writing by the Customer. The Customer is required to check the condition of the products delivered. He has a period of 7 days from the delivery to make claims by email to email@example.com, accompanied by all the related documents (photos in particular). After this period and if these formalities are not respected, the Products will be deemed to be in conformity and free of any apparent defect and no claim will be validly accepted by the Seller. The Seller shall refund or replace, as soon as possible and at its own expense, the delivered Products whose defects of conformity or apparent or hidden defects have been duly proven by the Customer, under the conditions provided for in Articles L 217-4 et seq. of the French Consumer Code and those provided for in these GTC. The transfer of the risks of loss and deterioration relating thereto shall only be carried out at the time when the Customer takes physical possession of the Products. The Products shall therefore travel at the Seller’s risk, except when the Customer has chosen the carrier. As such, the risks are transferred at the time of delivery of the goods to the carrier..
ARTICLE 7 – FORCE MAJEURE
Seller’s liability shall not be triggered if the non-performance or delay in the performance of any of its obligations described in these general terms and conditions of sale results from a case of force majeure. As such, force majeure is understood to be any external, unforeseeable and irresistible event within the meaning of Article 1148 of the Civil Code.
ARTICLE 8 – TRANSFER OF OWNERSHIPThe transfer of ownership of the Seller’s Products shall only be made after full payment of the price by the latter, and this regardless of the date of delivery of said Products.
ARTICLE 9 – RIGHT OF WITHDRAWAL
Under the terms of Article L221-18 of the Consumer Code, the consumer has a period of fourteen days from receipt of his order to exercise his right of withdrawal when it is a contract concluded at a distance. The Customer shall inform the Seller by e-mail at firstname.lastname@example.org or by phone at 0492797703, without having to justify his decision nor to bear other costs than those provided for in articles L. 221-23 to L. 221-25. The period mentioned in the first paragraph runs from the day: 1° Of the conclusion of the contract, for contracts for the provision of services and those mentioned in article L. 221-4; 2° Of the receipt of the goods by the consumer or a third party, other than the carrier, designated by him, for contracts for the sale of goods. For contracts concluded off-premises, the consumer may exercise his right of withdrawal as of the conclusion of the contract. In the case of an order for several goods delivered separately or in the case of an order for a good composed of multiple lots or parts whose delivery is staggered over a defined period, the period runs from the receipt of the last good or lot or part. For contracts providing for regular delivery of goods over a defined period of time, the period shall run from receipt of the first good. The right of withdrawal can be exercised online, using the withdrawal form attached and also available on the site or any other statement, unambiguous, expressing the desire to withdraw and in particular by mail addressed to the Seller at the postal or email address indicated in ARTICLE 1 of the GTC.
Returns must be made in their original and complete condition (packaging, accessories, instructions…) allowing them to be remarketed in new condition, accompanied by the purchase invoice. Damaged, soiled or incomplete products can be of a nature to defeat the right of withdrawal. The cost of returning the Products will be charged to the Customer. The exchange (subject to availability) or refund will be made within 14 days from the receipt, by the Seller, of the Products returned by the Customer under the conditions provided in this article..
ARTICLE 10 – SELLER’S LIABILITY / WARRANTIES
The Products supplied by the Seller benefit from the legal guarantee of conformity, for defective, damaged or damaged Products or not corresponding to the order, as well as the legal guarantee against hidden defects resulting from a defect in material, design or manufacture affecting the products delivered and making them unfit for use.
Dispositions relating to legal guarantees Article L217-4 of the Consumer Code “The seller is required to deliver a good in conformity with the contract and is responsible for defects in conformity existing at the time of delivery. He is also responsible for defects in conformity resulting from the packaging, the assembly instructions or the installation when the latter has been put at his charge by the contract or has been carried out under his responsibility. “Article L217-5 of the Consumer Code “The goods conform to the contract: 1° If they are fit for the purpose usually expected of similar goods and, if applicable : if it corresponds to the description given by the seller and has the qualities that the latter presented to the buyer in the form of a sample or model; if it has the qualities that a buyer can legitimately expect with regard to public statements made by the seller, by the producer or by his representative, particularly in advertising or labelling; 2° 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 Consumer Code “The action resulting from the lack of conformity is prescribed by two years from the delivery of the goods. “Article 1641 of the Civil Code. “The seller is bound by the warranty for hidden defects of the thing sold that make it unfit for the purpose for which it was intended, or that so diminish this use that the buyer would not have acquired it, or would have given a lower price, if he had known about them. “Article 1648 paragraph 1 of the Civil Code “The action resulting from redhibitory 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 immobilization of at least seven days is added to the duration of the guarantee which remained to run. This period shall run from the time of the buyer’s request for intervention or from the time the goods in question are made available for repair, if such availability is subsequent to the request for intervention. “
In order to assert its rights, the Customer shall inform the Seller, in writing (e-mail or letter), of the non-conformity of the Products or the existence of hidden defects as of their discovery. The Seller will refund, replace or repair the Products or parts under warranty that are found to be non-conforming or defective. Shipping charges will be refunded at the invoiced rate and return shipping charges will be refunded upon presentation of receipts. Refunds, replacements or repairs of Products deemed non-conforming or defective will be made as soon as possible and at the latest within 30 days following the finding by the Seller of the non-conformity or hidden defect. This refund can be made by bank transfer or check. The responsibility of the Salesman could not be committed in the following cases: Non-compliance with the legislation of the country in which the products are delivered, which it is up to the Customer to check; in the event of misuse, negligence or lack of maintenance on the part of the Customer, as well as in the event of normal wear and tear of the Product, accident or force majeure. The photographs and graphics presented on the site are not contractual and do not engage the responsibility of the Seller. The Seller’s warranty is, in any case, limited to the replacement or refund of Products that do not conform or are affected by a defect.
ARTICLE 11 – DATA PROTECTION AND FREEDOMS
In application of the law 78-17 of January 6, 1978, it is recalled that the personal data that are requested from the Customer are necessary for the processing of his order and the establishment of invoices, in particular. This data can be communicated to the possible partners of the Seller in charge of the execution, the treatment, the management and the payment of the orders. The processing of information communicated through the site www.aquadesign.eu has been declared to the CNIL, number 2038548 v 0. The Customer has, in accordance with the national and European regulations in force, a permanent right of access, modification, rectification and opposition with regard to the information concerning him. This right can be exercised according to the methods described in the “legal notice” section of the site www.aquadesign.eu
ARTICLE 12 – INTELLECTUAL PROPERTY
The content of the site www.aquadesign.eu is the property of the Seller, its partners and is protected by French and international laws on intellectual property. Any total or partial reproduction of this content is strictly prohibited and is likely to constitute an infringement of copyright.
ARTICLE 13 – ARCHIVING PROOF
The Seller shall archive the purchase orders and invoices on a reliable and durable medium constituting a true copy in accordance with the provisions of Article 1348 of the Civil Code. The computerized records of the Seller will be considered by all parties concerned as proof of communications, orders, payments and transactions between the parties..
ARTICLE 14 – APPLICABLE LAW – LANGUAGE
These GTCs and the operations arising from them are governed by and subject to French law. These GTC are written in the French language. In the event that they are translated into one or more foreign languages, only the French text shall be deemed authentic in the event of a dispute..
ARTICLE 15 – DISPUTES
For any claim 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 can in any case resort to a conventional mediation, with the existing authorities of sectorial mediation or with any alternative mode of settlement of the disputes (conciliation, for example) in case of dispute. The Customer is also informed that he can, also resort to the Online Dispute Resolution platform (RLL): https://webgate.ec.europa.eu/odrimain/index.cfm?event=main.home.show All disputes to which the purchase and sale operations concluded pursuant to these GTCs and which would not have been the subject of an amicable settlement between the seller and the customer or by mediation, will be submitted to the competent courts under the conditions of common law.