The general terms and conditions of sale (GTC) set out the terms and conditions of sale of a good or service by Aquanautique.com
Acceptance of our general conditions (mandatory) applicable to consumers
These conditions of sale are concluded, on the one hand, between the company SAS AQUATECH66 (manager of Aquanautique.com) with capital of €4,000, whose head office is located at: 18 Chemin de la Passio Vella, 66100 Perpignan, France , registered in the Perpignan trade and companies register under number 98224724900013, operating under the name www.aquanautique.com and on the other hand, by any natural or legal person hereinafter referred to as "Customer" wishing to purchase a product via our catalog accessible on the internet.
Last updated
01/30/2024
100% French company
located in France
General Conditions
clear and reliable
ARTICLE 1 : SCOPE OF APPLICATION
The company AQUATECH66 SAS, whose head office is located at 15 RUE CAMILLE ALIES 66200 ELNE (hereinafter, "AQUATECH66"), registered with the Perpignan RCS under the SIRET number 98224724900013 and whose VAT number is FR02982247249, publishes and operates the following websites for the online sale of products to individuals (hereinafter, as the case may be, the "Site" or the "Sites concerned"): Aquanautique.com, Aquatech66.fr & Confort-Nautique.comThese general terms and conditions of sale (hereinafter "GTC") govern the contractual relations applicable between AQUATECH66 and any non-professional buyer (individual) (hereinafter, the "Customer") for any remote order of products made on one of the Sites designated above (hereinafter, "Order" as this term is specified in article 5 of the GTC). AQUATECH66 and the Customer are hereinafter referred to as "Party" or "Parties" as the case may be.
Any Order placed on one of the Sites is governed exclusively by the General Terms and Conditions. Before confirming an Order, the Customer must read the General Terms and Conditions and check the corresponding box by which he expressly acknowledges having read and accepted the General Terms and Conditions. The General Terms and Conditions are dated. AQUATECH66 reserves the right to modify them at any time. The version applicable to the Order is the one online on the date the Order is placed by the Customer.
ARTICLE 2 : CHARACTERISTICS OF THE PRODUCTS
The products offered for sale by AQUATECH66 are those presented and described on the Site on the day the Customer consults the Site, within the limit of available stocks (hereinafter the "Products"). The characteristics of the Products offered for sale are presented in the Product sheets accessible on the Site. In accordance with Article L111-1 of the Consumer Code, the Customer may, prior to his Order, take note on the Site of the essential characteristics of the Products he wishes to Order.The illustrative photos included in the Product sheets, which are given as an example, may differ from the Product ordered (in particular in terms of size, color, model or any other specific attribute) and are, therefore, non-contractual.
AQUATECH66 takes the greatest care in the presentation and description of the Products on the Site. However, it is possible that errors may appear on the Site, which the Customer acknowledges and accepts.
AQUATECH66 may modify at any time the assortment of Products offered for sale on its Site according to the constraints imposed by its suppliers, without prejudice to Orders placed by the Customer.
ARTICLE 3 : AVAILABILITY OF PRODUCTS
3.1 . Inventory management.
On the Site, AQUATECH66 offers for sale Products available “IN STOCK” or “AVAILABLE WITHIN X DAYS” or even “SHIPPABLE WITHIN X DAYS” depending on our suppliers. The Customer is informed for information purposes of the availability of Products on the relevant Product sheets, and at the time of placing the Order.This information comes directly from AQUATECH66 suppliers, errors or modifications may occur.
AQUATECH66 reserves the right to limit the number of Orders per account for the same Product.
3.2 . Product Unavailability.
Upon receipt of the Order, AQUATECH66 checks the availability of the Product(s) ordered. In the event that an ordered Product is no longer available after the date of the Order, AQUATECH66 will notify the Customer by email as soon as the information of unavailability has been sent to it by its supplier. In this case, AQUATECH66 may either offer a similar Product available in its stock at a similar price for the Customer, or reimburse the Customer in the event of failure of the supplier(s).In the event of an exceptional temporary stock shortage on one of the Products in the Order, AQUATECH66 may, after informing the Customer, ship the available Products first and then the rest in a second phase. No compensation (apart from the full refund of the Order) will be due to the Customer in the event of unavailability of the Products discovered after the date of the Order.
3.3 . Pre-order.
Pre-ordering gives the Customer the opportunity to purchase and therefore reserve a Product in advance. The Customer can thus have the Product as soon as it becomes available.AQUATECH66 suppliers may at any time modify the availability date of a Product offered for pre-order.
Products offered for pre-order are automatically shipped upon receipt. AQUATECH66 will inform the Customer by email upon sending their Order.
If the Customer orders other items at the same time as items offered for pre-order, all items will be delivered on the same date.
ARTICLE 4 : USER AREA
4.1. Creation of User Area To place an Order, the user must create an account or continue shopping. The user will have to provide several pieces of personal information before being able to validate their Order. When the user wishes to create an account, their refusal to provide said information will have the effect of preventing the creation of the user account and, incidentally, the validation of the Order.4.1 . Operation.
If the user has created an account, their user space will allow them to consult the history of their Orders placed on the Site, and to track the delivery of the Products ordered.4.2 . Password.
If the user chooses to create an account, he will be asked to create a password. This password constitutes the guarantee of the confidentiality of the information contained in his account and the user agrees to keep it secret and not to transmit or communicate it to any third party. Any connection to the user's user area using his identifiers is deemed to have been made by the user himself. Failing this, AQUATECH66 cannot be held responsible for unauthorized access to a user's account. In the event of fraudulent use by a third party of his identifier and password, the user must immediately notify AQUATECH66 using the contact page. The user remains solely responsible for the use made of his account by a third party until he has expressly notified AQUATECH66 of the loss, fraudulent use or disclosure of his password to a third party.ARTICLE 5 : ORDER TERMS
The Customer can order the Products remotely via the Internet directly via the relevant Sites.5.1 . Validation of his Order by the Customer on the Site.
Any Order placed on the Site by the Customer involves the following steps:Adding Products to Cart.
Enter contact details and billing and delivery terms.
Order Summary. At this stage, the Customer has the opportunity to check the details of his Order, the total price and to correct any errors before confirming the Order.
Validation of the Order by the Customer. Any validation of an Order implies acceptance by the Customer of the General Terms and Conditions, the Products purchased, their price and the associated costs.
Payment of the Order by the payment method selected by the Customer.
An Order will be considered valid when all of these steps have been completed.
The Customer must check the completeness and conformity of the information he provides to AQUATECH66. In the event of an error in the shipping address, the shipping costs for a new shipment will be borne by the Customer. AQUATECH66 recommends that the Customer keep a paper or reliable computer record of the data relating to his Order.
5.2 . Confirmation of Order by AQUATECH66.
AQUATECH66 will acknowledge receipt of the Customer's Order electronically without undue delay.The Customer is informed that certain Orders must be checked by the verification service. In this case, the Customer will be notified by email of the supporting documents to be sent in order to obtain final validation of his Order. AQUATECH66 reserves the right to cancel the Order in the event of non-receipt of these supporting documents or receipt of documents deemed non-compliant.
The Order, the Order confirmation and the acknowledgement of receipt of the Order are considered received by each Party when the Party to which they are addressed can have access to them.
5.3 . Refusal to process an Order.
AQUATECH66 reserves the right to refuse or cancel an Order from a Customer in the following cases:The Customer has not fully or partially paid a previous Order, or
The Customer has a payment dispute in administration, or
The Customer has not complied with the T&Cs, or there is suspicion of fraud.
5.4 . Order Tracking.
Order and delivery tracking is available in the customer area on the Site. The Customer can track the status of his Order throughout its processing in the following manner:Log in to your account on the Site.
View the status of your Order in your Order History.
If the Order has been shipped, you will see an Order tracking number appear.
Click on the number to go to the carrier's website and continue tracking your Order.
Customers who have placed an Order without creating a user account will not be able to track their Order on the Site.
5.5 . Cancellation of Order.
Cancellation of an order is possible before it is shipped and prepared. However, it will not be possible to cancel an order for items that are manufactured specifically for the customer from the supplier or manufacturer. Some technical and specific products: examples: life rafts, cold groups, Fancoils, refrigerators, freezers cannot be cancelled, because most of the models on sale are manufactured to order by the customer.ARTICLE 6 : PRICE AND PAYMENT TERMS
6.1 . General.
Prices are indicated on each Product sheet on the Site. The Customer must read them before placing an Order. AQUATECH66 reserves the right to modify its prices at any time but undertakes to apply the rates in force which will have been indicated to the Customer at the time of his Order, subject to availability on that date.Prices are in Euros, including VAT, but excluding delivery, customs and other taxes. Prices displayed in currencies other than the Euro are for information purposes only.
An invoice will be sent to the Customer when the Order is sent.
In the event of delivery outside the European Union and outside mainland France, the Customer is informed that customs duties and other taxes may be payable. The necessary formalities and payment of said duties and taxes are not the responsibility of AQUATECH66 and will in any event be the responsibility of the Customer. It is therefore the responsibility of the latter to check all of this data as well as the possibilities of importing the Product with the competent authorities of the country of delivery, before any Order on the Site.
The shopping cart will automatically calculate whether or not the delivery country is subject to French VAT. AQUATECH66 can also ship to France including VAT and provide a tax refund slip (subsequent VAT refund) for people residing outside the European Union (excluding overseas departments and Monaco).
Security: The Customer's credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted in clear text over the network. The Site does not store these bank details after the transaction under any circumstances.
Anti-fraud checks: AQUATECH66, in collaboration with 3D SECURE, checks all Orders placed on the Site for the purpose of protection against abusive practices carried out by fraudsters. As part of these procedures, AQUATECH66 may be required to ask the Customer for all the documents necessary to release their Order (example: proof of address and debit). These requests are made by email. The information provided in the Order form is subject to automated data processing for which 3D Secure is responsible.
6.2 . Payment by bank card in 1 installment.
To pay by credit card in one installment, the Customer must indicate the number, the validity date and the control number of his credit card. Authorization servers are consulted in order to verify this data and prevent abuse and fraud. No Customer data is transmitted in clear text on the AQUATECH66 sites .Payment by credit card is made using secure transactions by AQUATECH66 service providers.
6.3 . Payment by transfer.
The Customer can pay by bank transfer with no minimum purchase. An Order form containing the details of the Order, the Order number and the bank identity statement of AQUATECH66 is sent to the Customer by email. The Customer must indicate his Order number when making the transfer.In case of payment by transfer, the Order is reserved for 5 days after the validation of his Order by the Customer. If after the 5-day period AQUATECH66 has not received the transfer from the Customer, the Order will be automatically cancelled and the Customer will be informed by email. Orders paid by transfer will only be processed upon receipt of the transfer and after validation by AQUATECH66. Any applicable transfer fees remain the responsibility of the Customer. AQUATECH66 cannot guarantee the availability of Products paid by transfer.
6.4 . Payment by PayPal.
AQUATECH66 is not able to automate the tracking of PayPal payments. The processing of an Order paid by Paypal may in some cases take 24 hours longer.ARTICLE 7 : PROMOTIONS, PROMO CODES AND VOUCHERS
Most of the promotional offers currently on the Sites concerned are applied directly to the original price of the Products and are immediately visible in the Customer's basket. Other promotions are based on a promo code which is specified on the Site concerned or by email sent to the Customer. The Customer must enter this code when validating their basket in the "Promo code" box provided for this purpose. The reduction or the Product offered will then be applied automatically. If the code does not work, this means that it has expired or that the section and/or brand of the Product chosen by the Customer are excluded from the operation.Vouchers have a limited validity period. The Customer can find their vouchers at any time in their personal space on the Site, with their amount and their validity date.
Each voucher is for single use only, however a discount code may be for single use only if it is issued by name to a particular customer or for multiple use if it is intended for several customers and/or during specific promotional operations.
ARTICLE 8 : EXPORT AND SALES EXCL. VAT
8.1 . Delivery to France and the European Union with tax exemption.
According to the tax law in force, the tax exemption applies to travelers who usually reside in a non-member State of the European Union or in a third State. VAT can be deducted from the price of goods purchased in France in the same store, on the same day and must be greater than 175 euros. The Customer's purchases delivered to the customs territory of the EU subject to VAT are invoiced including VAT.The following 4 conditions are necessary to be eligible for VAT reimbursement:
Have your habitual residence in a non-member State of the European Union or in a third State (the billing address must be the address of residence abroad).
Make a purchase over €175 including tax (excluding shipping and service costs)
Get delivered to France.
Leave the European Union via a customs office (the stay in France must have lasted less than 6 months).
Countries outside mainland France (Guyana, Martinique, Guadeloupe, Réunion, Mayotte, etc.) are excluded from the tax refund slip system.
At any time, customs may cancel a tax refund slip if one of these conditions is not met. In this case, AQUATECH66 will not be able to proceed with the refund.
8.2 . International sales and shipping.
Invoicing will be excluding tax in DAP. The billing and delivery address MUST be in a country outside the European Union or in an overseas territory.ARTICLE 9 : DELIVERY TERMS
The Products are delivered to the address indicated by the Customer when placing the Order. The Customer will be notified by email of the dispatch of his Order.9.1 . Delivery in Metropolitan France and Corsica.
Shipping costs: Shipping costs will be calculated automatically in the shopping cart and depend on the Products ordered and the carrier selected.Preparation and processing times for Products for shipment by AQUATECH66: All Orders for express delivery with items in stock are shipped in principle within 24 working hours from the validation of the Order. Delivery times for Products by carriers: The Customer chooses their delivery method when validating the Order. For large Products, the method of transport (postal circuit or independent carrier) is determined automatically based on the weight, volume and value of the Products ordered.
Orders are delivered within a maximum period of 20 working days from the date of dispatch of the Products, unless a longer period is expressly made known to the Customer when placing the Order and/or on the Product sheets. This period of 20 days may exceptionally be increased by 10 working days in the event of a large volume of Orders, particularly during sales periods and the end-of-year holidays.
The Customer will be informed of the progress of the transport of his Order directly by the carrier (via email or SMS) and will also be able to consult the tracking of his Order on the Site via his user space. For more information, the Customer can refer to the website of the carrier concerned.
9.2 . Delivery outside mainland France and internationally.
Delivery conditions for bulky products and associated costs may differ depending on the area (for example, overseas military bases) or the country of destination.Therefore, AQUATECH66 cannot deliver Orders to bases or other Army premises outside mainland France.
Outside mainland France, certain bulky Products cannot be purchased directly on the Sites. In this case and for any shipment outside mainland France, the Customer can send a quote request to AQUATECH66, which will be responsible for finding the most suitable and least expensive means of transport to send the Order as soon as possible.
Shipping costs are calculated automatically (based on the weight or volume of the package) at the shopping cart stage when the Customer selects their delivery country. If the Customer benefits from tax-free billing, the shopping cart will automatically take this into account except for certain bulky Products.
If the Order is intended for countries outside mainland France, outside the EEC or outside the European taxable zone (Canaries, Malta), AQUATECH66 informs the Customer that:
- The invoicing of the Order will not be subject to French VAT;
- The Order may be subject to import duties and taxes that will be applied upon delivery. AQUATECH66 has no control over these charges and cannot predict their amount. Payment of these import duties and taxes is the responsibility of the Customer. The Customer may contact the local customs office for more information before placing an Order;
- AQUATECH66 cannot be held responsible if the Customer does not pay these import duties or taxes; in such a case, the package may be returned to the premises of AQUATECH66 or destroyed;
- The Customer must comply with all laws and regulations in force in the country of destination of the Products. AQUATECH66 cannot be held responsible if the Customer violates these laws;
- If the Customer returns Products from an address outside mainland France or outside the European taxable zone (Canary Islands, Malta), he must check that it is clearly written on the package “Return to supplier” or a similar expression.
9.3 . Receipt of the Products by the Customer and delivery problems due to the carrier.
Upon receipt of the Order, the Customer must check the conformity of the Products delivered before signing the carrier's delivery note.Any anomaly concerning the delivery (damage, Product missing compared to the delivery note, damaged packages, broken Products, box repackaged by the carrier using its own tape, etc.) must be indicated on the delivery note in the form of "handwritten reservations" accompanied by the Customer's signature. The Customer is responsible for the correct drafting of these reservations which are a condition for the opening of the dispute and the reimbursement. Any claim not respecting this procedure will be rejected.
AQUATECH66 may request a sworn statement regarding a transport problem (in particular an undelivered item). This document must be accompanied by a copy of the identity card.
The Customer must also report any anomalies by registered mail and confirm their reservations to the carrier no later than 3 working days after receiving the item(s). In the case of a shipment made by La Poste, if the package arrives open or damaged, it is essential that the Customer has the delivery person on whom they depend draw up a "report of theft" (report 170) so that AQUATECH66 can open an investigation and a compensation procedure. The Customer must simultaneously send a copy of this letter (with the original of the "report of theft" if applicable) by simple mail to the AQUATECH66 Customer Litigation Service (see our contact details in article 17).
If the Products require a return, they must be the subject of a return request to the AQUATECH66 Customer Service within 7 days of delivery. Any claim made outside of this period will not be accepted.
9.4 . Delay in delivery.
In the event of a delivery delay of more than three days compared to the date indicated in the shipping email, the Customer must check with the carrier that the package is not pending, then, if necessary, report this delay to AQUATECH66 by telephone or email. AQUATECH66 will then contact the carrier to start an investigation.ARTICLE 10 : RIGHT OF WITHDRAWAL, RETURN AND REFUND
10.1 . Time limit and procedures for exercising the right of withdrawal.
In accordance with Article L221-18 of the Consumer Code, the consumer has a period of 14 days from the day after the delivery date of his Order to return any Product that does not suit him, without having to specify the reason, and to request a refund without penalty. In the case of an Order for several Products delivered separately or in the case of an Order for a Product composed of batches or multiple parts whose delivery is staggered over a defined period, the withdrawal period runs from the receipt of the last Product or batch or the last part.After this 14-day period, AQUATECH66 reserves the right to commercially take back one or more items at a price identical to or lower than the initial purchase price.
Any request for withdrawal must be notified in writing to AQUATECH66. To do this, the Customer can complete the return form on the Site or by post to the following address: Aquatech66 SAS, 18 Bis chemin de la Passio Vella, 66100 Perpignan - France.
It is mandatory to make the request by email or post before returning the item(s) in order to transmit the return address for the product(s).
In this case, AQUATECH66 will send the Customer an acknowledgement of receipt of the withdrawal by email with a return number (RMA).
In accordance with article L221-28 of the Consumer Code, the right of withdrawal cannot be exercised for the following Products:
- Products containing audio or video recordings or computer software if they have been unsealed by the Customer after delivery (CDs, DVDs, navigation SD cards)
- Products made according to the Customer's specifications or clearly personalized (rope)
- Products opened and non-returnable for reasons of hygiene or health protection
- Products which, after being delivered and due to their nature, are inseparably mixed with other goods of the Customer
- Products whose price depends on fluctuations in the financial market beyond the control of AQUATECH66 and likely to occur during the withdrawal period.
10.2 . Terms of return of Products within the framework of the right of withdrawal.
If the Customer exercises his right of withdrawal, he must return the Product no later than 14 days following the communication of his decision to withdraw to AQUATECH66. The Customer must return the Product(s) concerned to the AQUATECH66 Returns Department.The Products must be returned in their original packaging and condition, accompanied by all their accessories and instructions and unused. Any Product that has been damaged, incomplete, or whose original packaging has been damaged cannot be refunded. The Customer is only liable for the depreciation of the Product resulting from handling other than that necessary to establish the nature, characteristics and proper functioning of this good.
Return costs are the responsibility of the Customer. Products returned freight collect or cash on delivery will be systematically refused by AQUATECH66 and returned to their sender. To return so-called "oversized" Products, the Customer may use their own means or use the services of a carrier. The Customer is informed that for Products with a length of more than 1.50 meters and/or a weight of more than 15kg (such as SUP boards, surfboards, paddles or others), the return costs may amount to more than €80 depending on the carrier chosen.
AQUATECH66 recommends choosing an insured mode of transport (carrier, or registered with acknowledgment of receipt). Any loss or deterioration or delay of return packages remains the responsibility of the Customer until receipt of the return package by AQUATECH66.
The right of withdrawal does not apply to products sealed by the manufacturer (Navigation memory cards, Software update memory cards) opened and or used after delivery for warranty reasons, except in the case of a manufacturing defect or non-conformity. This provision is intended to preserve the safety and integrity of the products, as well as to prevent any abuse of the return policy. An original item sealed by the manufacturer that has been opened or broken cannot be sold or resold.
10.3 . Reimbursement, credit and exchange within the framework of the right of withdrawal.
As part of the exercise of his right of withdrawal and in accordance with the provisions of article L. 221-24 of the consumer code, the Customer may request reimbursement of the Product.Reimbursement: AQUATECH66 will reimburse the Customer for all amounts actually paid for the Product(s) concerned, including the delivery costs of the order. The reimbursement of the delivery costs of the Order will be made on the basis of the cost of the least expensive standard delivery offered on the Site regardless of the amount of the delivery costs paid when placing the Order. The difference in cost between standard delivery and another non-standard delivery method that would have been chosen by the Customer when placing the Order (example: express delivery) will therefore remain the responsibility of the Customer.
AQUATECH66 will reimburse the Customer no later than 14 days from the date on which it is informed of the Customer's decision to withdraw. AQUATECH66 may, however, defer the reimbursement until recovery of the returned Product(s) or until the Customer has provided proof of shipment of the Product, the date retained being that of the first of these facts. AQUATECH66 will make the reimbursement using the same means of payment as that which was used for the payment of the Order, unless otherwise agreed by the Customer. If this means of payment has expired, the Customer must contact AQUATECH66 to change the method of reimbursement.
Purchase voucher: Reimbursement of an Order paid for with a purchase voucher, a gift card or credit will automatically be issued as a credit. The credit will be valid for 1 year and its amount cannot be refunded under any circumstances if the validity period expires.
Product Exchange: AQUATECH66 does not accept exchange requests. If the Customer wishes to exchange the Product, he must first exercise his right of withdrawal and return the Product if it has been received and then place an Order again.
10.4 . Reimbursement terms.
Once the package is delivered to us, it will be processed within 2 to 4 days (an email will be sent to you as soon as the package is being processed).We will refund you for the products at their purchase price, including delivery costs.
The refund will be made by the same payment method as your order. In most cases, we will simply re-credit your credit card and the credit will appear on your bank account between 2 and 4 days after the refund.
In the event that you have benefited from an overall discount on your order, this discount is deducted in proportion to the items ordered.
In the event of an order with several items, and in the event that the shipping costs paid are not a flat rate, we will reimburse the shipping costs proportionally to the number of items returned.
Special cases concerning reimbursements:
Compound articles
Please note that for composite items (i.e. when a main item is associated in the same order with one or more products at a preferential price), you must return all of the items to us.
You can, if you wish, keep one or more accessory items which will then be billed to you at the normal price (excluding discount), and the difference (between the normal price and the discounted price) will be deducted from the refund of the main product returned. Promo code or flat rate reduction thanks to minimum order
In the event that your order benefited from a global flat-rate reduction and if this reduction was activated thanks to a minimum order threshold reached, we will be required to deduct this reduction from your refund if the new total (after deduction of returned items) is lower than the discount trigger threshold.
refund if the new total (minus returned items) is less than the discount trigger threshold. Free shipping with a minimum order
If you have benefited from a promotional offer on shipping costs subject to a minimum order, we may be required to deduct from your refund the shipping costs (in economy mode) corresponding to what you would have paid if the order threshold had not been reached.
ARTICLE 11 : WARRANTIES AND AFTER-SALES SERVICE
When a Product is purchased, the consumer benefits from 3 types of guarantee: the commercial guarantee (also called the manufacturer's guarantee), the legal guarantee of conformity (in application of articles L217-1 and L224-25-12 et seq. of the Consumer Code) as well as the legal guarantee against hidden defects (in application of articles 1641 to 1649 of the Civil Code).Please note, in the event of a breakdown on certain specific products, the manufacturer will require an installation certificate by a specialized nautical professional!. This is the case for technical parts, refrigerators, freezers, refrigeration units and electrical and (or) electronic products.
11.1 . Commercial guarantee.
The commercial guarantee allows the Customer to be reimbursed for their Product, to have it repaired or replaced in the event of a breakdown. It is optional and freely offered by the manufacturer according to its conditions and cannot engage the responsibility of AQUATECH66. It is thus added to the legal guarantees of conformity and hidden defects.The commercial warranty is valid only on new Products. It is generally one year, parts and labor. The scope and duration of this warranty may however vary depending on the manufacturers and the brand of the Product. The Customer can consult the exact terms of the warranties on the manufacturer's website or in the Product instructions.
- Generally, commercial guarantees do not cover:
- Replacement of consumables (batteries, bulbs, fuses, etc.),
- Abnormal or non-compliant use of the Products,
- Damage caused by the intervention of a repairer not approved by the manufacturer,
- Damage resulting from an external cause (e.g. accident, shock, over-inflation, oxidation, presence of sand...).
To benefit from the Product warranty, it is essential to keep the Product purchase invoice, which can be printed at any time from the Customer's personal space.
In the case of Products damaged during use (torn wing, broken paddle, broken board, etc.), the manufacturer may request a return of the Product at the Customer's expense for an expert appraisal - this return must be carried out either at the manufacturer's headquarters or at the AQUATECH66 headquarters. It is then up to the manufacturer to give, after expert appraisal, an agreement or refusal for the commercial warranty to be taken over.
It is important to note that the free repair of a Product does not automatically mean acceptance of warranty coverage. Very often, the manufacturer may make a commercial gesture and carry out a repair free of charge while refusing to accept the warranty due to improper use (shock, improper use, etc.). Only a written letter from the manufacturer constitutes acceptance of the coverage of a commercial warranty.
In the event of an agreement to support the commercial warranty, only the defective part can be supported. Similarly, the Product may be either repaired or changed depending on the manufacturer's policy. AQUATECH66 cannot be held responsible in the event of the manufacturer's refusal to apply its commercial warranty.
It is recalled that the commercial guarantee applies independently of the provisions relating to the legal guarantee of conformity and the guarantee against hidden defects.
11.2 . Legal guarantee of conformity and legal guarantee against hidden defects.
1. Legal guarantee of conformity.
The legal guarantee of conformity means the guarantee that the purchased Product complies with the expected use and the description given on the Product technical sheet drawn up by AQUATECH66. It applies to defects present and visible on the date of purchase or delivery of the Product.
The Customer has a period of two (2) years from the delivery of the goods to obtain the implementation of the legal guarantee of conformity in the event of the appearance of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date on which it appeared.
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the Customer the right to repair or replacement of the goods within thirty (30) days of his request, free of charge and without major inconvenience for him. If the goods are repaired under the legal guarantee of conformity, the Customer benefits from a six (6) month extension of the initial guarantee.
If the Customer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the goods.
The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
- The professional refuses to repair or replace the goods;
- The repair or replacement of the goods occurs after a period of thirty (30) days;
- The repair or replacement of the good causes a major inconvenience for the Customer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
- The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The Customer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or the termination of the contract being immediate. The Customer is then not required to request the repair or replacement of the goods beforehand.
The Customer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
When the contract for the sale of the goods provides for the continuous supply of digital content or a digital service for a period exceeding two years, the legal guarantee is applicable to this digital content or this digital service throughout the planned supply period. During this period, the Customer is only required to establish the existence of the lack of conformity affecting the digital content or the digital service and not the date on which it appeared. The legal guarantee of conformity requires the professional, where applicable, to provide all updates necessary to maintain the conformity of the goods.
The legal guarantee of conformity gives the Customer the right to repair or replacement of the goods within thirty (30) days of his request, free of charge and without major inconvenience for him. If the goods are repaired under the legal guarantee of conformity, the Customer benefits from a six (6) month extension of the initial guarantee.
If the Customer requests the repair of the goods, but the seller imposes replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the goods.
The Customer may obtain a reduction in the purchase price by keeping the goods or terminate the contract by obtaining a full refund against return of the goods, if:
- The professional refuses to repair or replace the goods;
- The repair or replacement of the goods occurs after a period of thirty (30) days;
- The repair or replacement of the good causes a major inconvenience for the Customer, in particular when the consumer definitively bears the costs of recovery or removal of the non-compliant good, or if he bears the costs of installation of the repaired or replacement good;
- The non-conformity of the goods persists despite the seller's unsuccessful attempt to bring them into conformity.
The Customer is also entitled to a reduction in the price of the goods or to the termination of the contract when the lack of conformity is so serious that it justifies the reduction in price or the termination of the contract being immediate. The Customer is then not required to request the repair or replacement of the goods beforehand.
The Customer is not entitled to rescission of the sale if the lack of conformity is minor.
Any period of immobilization of the property for the purpose of its repair or replacement suspends the guarantee which remained to run until delivery of the repaired property.
The rights mentioned above result from the application of Articles L. 217-1 to L. 217-32 of the Consumer Code.
Any seller who, in bad faith, obstructs the implementation of the legal guarantee of conformity is liable to a civil fine of up to 300,000 euros, which may be increased to 10% of average annual turnover (Article L. 241-5 of the Consumer Code).
The legal guarantee of conformity does not apply to Products modified, repaired, integrated by the Customer or defective due to improper use by the Customer.
2. Legal guarantee against hidden defects.
- The legal guarantee against defects or hidden defects applies under the following conditions:
- The defect was hidden and therefore not apparent at the time of purchase,
- The defect existed on the date of purchase of the Product,
- The defect renders the Product unusable or significantly reduces its use.
The Customer benefits from the legal guarantee of hidden defects in application of articles 1641 to 1649 of the Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee gives the right to a price reduction if the good is kept or to a full refund against return of the good.
The warranty against hidden defects does not apply to apparent defects, or those that the Customer knew about or could not be unaware of when placing the Order.
ARTICLE 12 : LIMITATION OF LIABILITY
12.1 . Accessibility to the Site.
In the event of inability to access the Site due to technical problems or any other nature, the Customer may not claim damages and may not claim any compensation. The unavailability, even prolonged and without any time limit, of one or more Products, cannot constitute a prejudice for the Customer and cannot in any way give rise to the granting of damages by AQUATECH66.AQUATECH66 may not under any circumstances be held liable for non-performance of the contract which may be attributable to a case of force majeure, as defined by the French courts.
12.2 . Visual representation of the Products.
The images (photo, visual) presented on the Product sheets do not enter into the contractual field and AQUATECH66 cannot be held liable if errors have been introduced. The Customer accepts that the rendering of these images, particularly in terms of colors or shape, may vary significantly from one computer workstation to another or differ from reality depending on the quality of the graphic accessories and the screen or depending on the display resolution. These variations and differences may in no case be attributed to AQUATECH66, which may in no case be held liable for this.All texts and images produced by AQUATECH66 and presented on the Site are reserved, for the whole world, under copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. The images (photo, visual) representing the items for sale provided by the brands remain the exclusive property of the brands and their author. The publication of information and/or images provided by a supplier is done under the exclusive responsibility of the latter and cannot engage the responsibility of AQUATECH66.
12.3 . Products sold on the Site.
AQUATECH66 undertakes to comply with all applicable provisions in force in France and cannot be held responsible for non-compliance with regulatory and legislative provisions in force in other countries. AQUATECH66 cannot under any circumstances be held responsible for the misuse of the Products, poor maintenance of the Products, accidental damage or abusive use of the Products.The total or partial impossibility of using the Products, in particular due to material incompatibility, cannot give rise to any compensation or reimbursement or questioning of the liability of AQUATECH66, the Customer remaining the sole judge of the compatibility of the Products ordered with those already in his possession.
The Products offered for sale on the Site being sold uninstalled, The Customer declares that it is responsible for installing the Products, which it must carry out in accordance with the rules of the art and in accordance with the instructions for use.
AQUATECH66 cannot be held responsible for any unavailability of the Products in the event of a stock shortage or failure to supply by its suppliers or in the event of any other event caused by a case of force majeure as this concept is defined in point 12.6 below. In particular, AQUATECH66 cannot be held responsible for delays in delivery due to errors or disruptions attributable to carriers (total or partial strike in particular of postal services and means of transport and/or communications). Other events (e.g. pandemic) may extend delivery times.
AQUATECH66 cannot be held responsible for any data entry errors made by the Customer when placing an Order and the consequences in terms of delay or delivery error.
12.4 . Hypertext links.
The hyperlinks on this Site may refer to other websites and AQUATECH66 cannot be held liable if the content of these sites contravenes current legislation. Similarly, AQUATECH66 cannot be held liable if the Customer's visit to one of these sites causes them harm.12.5 . User space.
If the data contained in the user account were to disappear as a result of an unforeseeable event, a technical breakdown or a case of force majeure, AQUATECH66 cannot be held liable, as this information has no probative value but is only informative. However, AQUATECH66 undertakes to securely store all contractual elements whose retention is required by law or regulations in force.12.6 . Force majeure.
Neither Party will have failed in its contractual obligations to the extent that their execution is delayed, hindered or prevented by a case of force majeure.Any event beyond the control of one of the Parties, which could not reasonably have been foreseen when the General Terms and Conditions were concluded and the effects of which cannot be avoided by appropriate measures, which prevents one of the Parties from performing its obligation, shall be considered force majeure.
The following cases are expressly considered to be cases of force majeure, in addition to those usually recognized by the case law of French courts and tribunals:
- Blocking of means of transport or supplies,
- Natural disasters (including earthquakes, fires, storms, floods, lightning);
- Shutdown of telecommunications networks or difficulties specific to telecommunications networks.
- Pandemics.
The Party affected by such circumstances shall notify the other within ten working days following the date on which it becomes aware of them. The two Parties shall then come together within one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which the execution of the T&Cs will be continued. If the force majeure event lasts for more than three months, the T&Cs may be terminated by the injured Party.
ARTICLE 13 : RETENTION OF TITLE CLAUSE
The Products remain the property of AQUATECH66 until full receipt by AQUATECH66 of the payment made by the Customer. The risks relating to the Products are transferred to the Customer upon delivery of the Products to the Customer.ARTICLE 14 : PERSONAL DATA
AQUATECH66 collects and processes personal data relating to Customers for the purposes of managing Orders placed by them. As such, AQUATECH66 undertakes to comply with the applicable regulations, namely European Regulation No. 2016-679 of April 27, 2016 (known as the "GDPR") and Law No. 78-17 of January 6, 1978 known as the "Informatique & Libertés" law.To learn more about the protection of their personal data and to know and exercise their rights, Customers can consult the Privacy Policy on the Site.
ARTICLE 15 : PUBLICATION OF CONTENT BY THE USER
The Site provides a number of content publishing tools (news, video, Product reviews, Product ratings, comments, hardware tests, etc.).Even though many publications are automatic, AQUATECH66 reserves the right to control, publish or refuse (a priori or a posteriori) certain content. AQUATECH66 also reserves the right to delete or modify any content that it considers illicit or that violates the T&Cs (including after its publication), without notice or compensation.
The texts, photos and videos published on the Site are the sole responsibility of their author. AQUATECH66 cannot be held responsible for the content published in the editorial sections of the Site. The authors guarantee that the content published on the Site:
- Is related to an Ordered Product and/or the Ordering experience with AQUATECH66.
- Does not violate the rights of third parties, including, but not limited to, any intellectual property rights of said third party (including copyright, trademark rights, patent rights), image rights, rights to information covered by secrecy or an obligation of confidentiality.
- Is strictly in accordance with public order and morality and does not have as its object any illicit or illegal activity
- Is not inappropriate, offensive, defamatory, discriminatory, accusatory or racist
- Does not denigrate a Product or a brand for the sole purpose of harming its image.
- Does not mention competitors of AQUATECH66 and does not encourage purchasing from a competitor.
- Does not contain promotional elements, is not considered spam.
ARTICLE 16 : APPLICABLE LAW / JURISDICTION / MEDIATION
The General Terms and Conditions and the sale of Products on the Site are subject to French law, excluding the provisions of the Vienna Convention of 11 April 1980 on the international sale of goods. In accordance with the provisions of the Consumer Code concerning the process of mediation of consumer disputes, the customer has the right to use a consumer mediator (natural or legal person) free of charge with a view to the amicable resolution of the dispute between him and a professional.Complaints handling: The Parties will however endeavour to settle amicably and in good faith any disputes that may arise between them regarding the interpretation, partial or total execution or non-execution of the General Terms and Conditions. Any disputes that may arise in the context of the execution of the General Terms and Conditions may, before any legal action, be the subject of a written complaint to the AQUATECH66 Customer Service with a view to an amicable settlement. Consumer mediation is free for consumers, the processing and instruction costs relating to mediation files being borne by professionals. It can only be implemented at the initiative of the consumer (the professional cannot initiate it). It must be conducted within a maximum period of 90 days from the notification to the parties by the mediator of his referral. In the event of a complex dispute, this period may be extended; the parties are then informed.
The European Commission has set up a dispute resolution platform to collect possible consumer complaints.
Competent jurisdiction: In the absence of an amicable agreement, any legal action relating to the conclusion, interpretation, execution or termination of the General Terms and Conditions will be submitted to the competent court of the place of domicile of the defendant or, at the choice of the plaintiff, of the place of actual delivery of the Product in accordance with Articles 42 and 46 of the Code of Civil Procedure.
It is expressly recalled that requests for amicable settlement do not suspend the time limits for initiating legal actions.