The general terms and conditions of sale (GTC) outline the terms and conditions for the sale of goods or services by Aquanautique.com TEST
Acceptance of our general terms and conditions (mandatory) applicable to consumers
These terms and conditions of sale are entered into, on the one hand, between the company SAS AQUATECH66 (manager of Aquanautique.com) with a capital of €4000 whose registered office is located at: 18 Chemin de la Passio Vella, 66100 Perpignan, France , registered with the trade and companies register of Perpignan under number 982247249 00021 , 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 catalogue accessible on the internet.
Last updated
January 30, 2024
100% French company
located in France
General Terms and Conditions
clear and reliable
ARTICLE 1 : SCOPE OF APPLICATION
AQUATECH66 SAS, whose registered office is located at 18 Bis Chemin de la Passio Vella, 66100 Perpignan (hereinafter, "AQUATECH66"), registered with the Perpignan Trade and Companies Register under SIRET number 982247249 00021 and whose VAT number is FR02982247249, publishes and operates the following websites for the online sale of products to individuals (hereinafter, as applicable, the "Site" or the "Sites concerned"): Aquanautique.com, Aquatech66.fr & Confort-Nautique.comThese general terms and conditions of sale (hereinafter "GTC") govern the contractual relationship between AQUATECH66 and any non-professional buyer (individual) (hereinafter, the "Customer") for any remote order of products placed on one of the websites designated above (hereinafter, "Order" as defined in Article 5 of the GTC). AQUATECH66 and the Customer are hereinafter referred to as "Party" or "Parties" as applicable.
All orders placed on any of the Sites are governed exclusively by these Terms and Conditions. Before validating an order, the Customer must read the Terms and Conditions and check the corresponding box, thereby expressly acknowledging that they have read and accepted them. The 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 : PRODUCT CHARACTERISTICS
The products offered for sale by AQUATECH66 are those presented and described on the Website on the day the Customer consults the Website, subject to availability (hereinafter the "Products"). The characteristics of the Products offered for sale are presented in the Product sheets accessible on the Website. In accordance with Article L111-1 of the French Consumer Code, the Customer may, prior to placing an Order, review the essential characteristics of the Products they wish to Order on the Website.The illustrative photos included in the Product descriptions, which are given as examples, may differ from the Product ordered (particularly in terms of size, color, model or any other specific attribute) and are, therefore, non-contractual.
AQUATECH66 takes great care in presenting and describing 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 the range of Products offered for sale on its Site at any time according to the constraints imposed by its suppliers, without prejudice to Orders placed by the Customer.
ARTICLE 3 : PRODUCT AVAILABILITY
3.1 . Inventory management.
On the Site, AQUATECH66 offers for sale Products available "IN STOCK" or "AVAILABLE WITHIN X DAYS" or "SHIPPABLE WITHIN X DAYS" depending on our suppliers. The Customer is informed of Product availability on the relevant Product pages and at the time of placing the Order.This information comes directly from AQUATECH66 suppliers; errors or changes 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 verifies the availability of the ordered product(s). If an ordered product is no longer available after the order date, AQUATECH66 will notify the customer by email as soon as it receives notification of unavailability from its supplier. In this case, AQUATECH66 may either offer the customer a similar product available in its stock at a similar price, or issue a refund if the supplier(s) are unable to fulfill the order.In the event of an exceptional temporary stock shortage of one of the Products in the Order, AQUATECH66 may, after informing the Customer, ship the available Products first and then the remainder. No compensation (other than a full refund of the Order) will be due to the Customer if the unavailability of Products is discovered after the Order date.
3.3 . Pre-order.
Pre-ordering gives the Customer the opportunity to purchase and therefore reserve a Product in advance. The Customer can then have access to the Product as soon as it becomes available.AQUATECH66 suppliers may at any time change the availability date of a Product offered for pre-order.
Products offered for pre-order are shipped automatically upon receipt. AQUATECH66 will inform the Customer by email as soon as their Order is shipped.
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. Creating a User Account To place an order, the user must create an account to proceed with their purchase. The user will need to provide several pieces of personal information before being able to validate their order. If the user wishes to create an account, their refusal to provide this information will prevent the creation of the user account and, consequently, the validation of the order.4.1 . Operation.
If the user has created an account, their user space will allow them to view the history of their Orders made on the Site, and to track the delivery of the Products ordered.4.2 . Password.
If the user chooses to create an account, they will be prompted to create a password. This password guarantees the confidentiality of the information contained in their account, and the user agrees to keep it secret and not to share or disclose it to any third party. Any login to the user's account using their credentials will be deemed to have been made by the user themselves. Otherwise, AQUATECH66 cannot be held liable for any unauthorized access to a user's account. In the event of fraudulent use of their username and password by a third party, the user must immediately notify AQUATECH66 using the contact page. The user remains solely responsible for any use of their account by a third party until they have expressly notified AQUATECH66 of the loss, fraudulent use, or disclosure of their password to a third party.ARTICLE 5 : ORDERING PROCEDURES
The Customer can order the Products remotely via the internet directly through the relevant Sites.5.1 . Validation of the Order by the Customer on the Site.
Every Order placed on the Site by the Customer involves the following steps:Adding Products to Cart
Entry of contact details and billing and delivery methods.
Order Summary. At this stage, the Customer has the opportunity to review the details of their Order, the total price and to correct any errors before validating your order.
Order validation by the Customer. Any order validation implies acceptance by the Customer of the General Terms and Conditions, the Products purchased, their price and associated costs.
Payment for the Order will be made using the payment method selected by the Customer.
An order will be considered valid when all these steps have been completed.
The Customer must verify the completeness and accuracy of the information they provide to AQUATECH66. In the event of an error in the shipping address, the Customer will be responsible for the shipping costs for reshipment. AQUATECH66 recommends that the Customer keep a paper or reliable electronic record of their Order details.
5.2 . Order Confirmation by AQUATECH66.
AQUATECH66 will acknowledge receipt of the Customer's Order electronically without undue delay.The Customer is informed that certain Orders are subject to verification by the verification department. In such cases, the Customer will be notified by email of the supporting documents required for final validation of their Order. AQUATECH66 reserves the right to cancel the Order if these supporting documents are not received or if the documents received are deemed non-compliant.
The Order, the Order confirmation and the Order acknowledgment are deemed to have been received by each Party when the Party to which they are addressed can access 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 for a previous Order, or
The Client has a payment dispute that is currently being processed, or
The Client has not complied with the Terms and Conditions, or there is suspicion of fraud.
5.4 . Order Tracking.
Order and delivery tracking is available in the customer area on the Website. The Customer can track the status of their Order throughout its processing as follows: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.
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 access order tracking on the Site.
5.5 . Order Cancellation.
Order cancellation is possible before shipment and preparation. However, it will not be possible to cancel orders for items manufactured specifically for the customer by the supplier or manufacturer. Certain technical and specialized products, such as life rafts, refrigeration units, fan coil units, refrigerators, and freezers, cannot be cancelled, as most of these models are made to order by the customer.ARTICLE 6 : PRICE AND PAYMENT TERMS
6.1 . General information.
Prices are listed on each product page of the website. Customers must review these prices before placing an order. AQUATECH66 reserves the right to change its prices at any time but is committed to applying the prices in effect at the time the customer placed their order, subject to availability on that date.Prices are quoted in Euros, including VAT, but excluding delivery charges, customs duties, and other taxes. Prices displayed in currencies other than the Euro are for informational purposes only.
An invoice will be sent to the Customer at the time of sending their Order.
For deliveries outside the European Union and mainland France, the Customer is informed that customs duties and other taxes may be applicable. The necessary formalities and payment of these duties and taxes are not the responsibility of AQUATECH66 and will in all cases be borne by the Customer. It is therefore the Customer's responsibility to verify all this information, as well as the import regulations for the Product, with the relevant authorities in the country of delivery before placing any Order on the Website.
The shopping cart will automatically calculate whether the delivery country is subject to French VAT or not. AQUATECH66 can also ship to France inclusive of VAT and provide a tax refund slip (subsequent VAT refund) for people residing outside the European Union (excluding overseas departments, Monaco).
Security: The Customer's credit card details are encrypted using the SSL (Secure Socket Layer) protocol and are never transmitted unencrypted over the network. The Site does not store these bank details under any circumstances after the transaction.
Anti-fraud checks: AQUATECH66, in collaboration with 3D Secure, checks all orders placed on the Site to protect against fraudulent activity. As part of these procedures, AQUATECH66 may request any documents necessary to release the order from the customer (e.g., proof of address and bank statement). These requests are made by email. The information provided on the order form is subject to automated data processing, the data controller of which is 3D Secure.
6.2 . Payment by bank card in one installment.
To pay by credit card in one installment, the Customer must provide the card number, expiry date, and security code. Authorization servers are consulted to verify this information and prevent misuse and fraud. No Customer data is transmitted unencrypted on the AQUATECH66 websites .Payment by bank card is made through secure transactions by AQUATECH66's service providers.
6.3 . Payment by bank transfer.
The Customer can pay by bank transfer with no minimum purchase required. An order confirmation containing the order details, the order number, and AQUATECH66's bank account details is sent to the Customer by email. The Customer must include their order number when making the transfer.For payments made by bank transfer, the order is reserved for 5 days after the customer confirms it. If AQUATECH66 has not received the customer's transfer within this 5-day period, the order will be automatically cancelled, and the customer will be notified by email. Orders paid by bank transfer will only be processed upon receipt and confirmation of the transfer by AQUATECH66. Any applicable transfer fees remain the responsibility of the customer. AQUATECH66 cannot guarantee the availability of products paid for by bank transfer.
6.4 . Payment via PayPal.
AQUATECH66 is unable to automate the tracking of PayPal payments. Processing an order paid via PayPal may, in some cases, take an additional 24 hours.ARTICLE 7 : PROMOTIONS, PROMO CODES AND VOUCHERS
Most current promotional offers on the relevant Sites are applied directly to the original price of the Products and are immediately visible in the Customer's shopping cart. Other promotions rely on a promo code, which is specified on the relevant Site or sent to the Customer by email. The Customer must enter this code when validating their shopping cart in the designated "Promo Code" field. The discount or free Product will then be applied automatically. If the code does not work, it means that it has expired or that the category and/or brand of the Product chosen by the Customer are excluded from the promotion.Vouchers have a limited validity period. The Customer can access their vouchers at any time in their personal account on the Website, along with their value and expiry date.
Each voucher is for single use only, however a discount code may be for single use only if it is issued in the name of a particular customer or be for multiple use because it is intended for several customers and/or during specific promotional operations.
ARTICLE 8 : EXPORT AND EXCLUDING TAX SALES
8.1 . Delivery to France and the European Union with Tax-Free Shipping.
According to current tax law, tax-free shopping applies to travelers who are habitually resident in a non-EU country or a third country. VAT can be deducted from the price of goods purchased in France from the same store on the same day, provided the total purchase exceeds €175. Customer purchases delivered within the EU customs territory subject to VAT are invoiced inclusive of VAT.The following 4 conditions are necessary to be eligible for a VAT refund:
Having one's habitual residence in a non-EU member state or in a third country (the billing address must be the residence address abroad).
Make a purchase exceeding €175 including VAT (excluding shipping and service fees)
Get it delivered to France.
Leaving the European Union by going through a customs office (the stay in France must have lasted less than 6 months).
Countries outside metropolitan France (French Guiana, Martinique, Guadeloupe, Réunion, Mayotte...) are excluded from the tax refund slip system.
Customs may cancel a tax refund at any time if any of these conditions are not met. In this case, AQUATECH66 will not be able to process the refund.
8.2 . International sales and shipping.
Invoicing will be DAP (Delivered on Post) excluding tax. The billing and delivery address MUST be located in a country outside the European Union or in an overseas territory.ARTICLE 9 : DELIVERY TERMS
The Products are delivered to the address provided by the Customer when placing the Order. The Customer will be notified by email when their Order has been shipped.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.Product preparation and processing times for shipment by AQUATECH66: All express delivery orders for in-stock items are generally shipped within 24 business hours of order confirmation. Product delivery times by carriers: The customer chooses their delivery method when confirming the order. For large items, the shipping method (postal service or independent carrier) is automatically determined based on the weight, volume, and value of the ordered products.
Orders are delivered within a maximum of 20 business days from the date of shipment, unless a longer delivery timeframe is expressly indicated to the Customer at the time of ordering and/or on the product pages. This 20-day period may exceptionally be extended by 10 business days in the event of a high volume of orders, particularly during sales periods and the end-of-year holiday season.
The Customer will be informed of the progress of their Order's shipment directly by the carrier (via email or SMS) and can also track their Order on the Website through their user account. For more information, the Customer can refer to the website of the relevant carrier.
9.2 . Delivery outside mainland France and internationally.
Delivery conditions for bulky products and associated costs may differ depending on the area (e.g., overseas military bases) or country of destination.Therefore, AQUATECH66 cannot deliver Orders to bases or other premises of the Armed Forces outside metropolitan France.
Outside of mainland France, some bulky products cannot be purchased directly from the Sites. In this case, and for any shipment outside mainland France, the Customer can send a quote request to AQUATECH66, who will find the most suitable and cost-effective means of transport to send the Order as quickly as possible.
Shipping costs are calculated automatically (based on the weight or volume of the package) at the checkout stage when the customer selects their delivery country. If the customer is eligible for tax-free billing, the checkout will automatically reflect this, except for certain bulky items.
If the Order is destined for a country outside mainland France, outside the EEC or outside the European taxable zone (Canary Islands, Malta), AQUATECH66 informs the Customer that:
- The invoice for the Order will not be subject to French VAT;
- The order may be subject to import duties and taxes, which 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 their local customs office for further information before placing an order.
- AQUATECH66 cannot be held responsible if the Client does not pay these import duties or taxes; in such a case, the package is likely to be returned to AQUATECH66's premises 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 area (Canary Islands, Malta), they must check that the package clearly says “Return to supplier” or a similar expression.
9.3 . Receipt of Products by the Customer and delivery problems due to the carrier.
Upon receiving their Order, the Customer must check the conformity of the Products delivered before signing the carrier's delivery note.Any anomaly concerning the delivery (damage, missing product compared to the delivery note, damaged packages, broken products, box repackaged by the carrier using their own tape, etc.) must be indicated on the delivery note as "handwritten reservations" accompanied by the Customer's signature. The Customer is responsible for correctly drafting these reservations, which are essential for opening a dispute and receiving a refund. Any claim not following this procedure will be rejected.
AQUATECH66 may request a sworn statement regarding a shipping issue (particularly an undelivered item). This document must be accompanied by a copy of the customer's identity card.
The Customer must also report any anomalies by registered mail and confirm their reservations to the carrier no later than 3 business days following receipt of the item(s). In the case of a shipment made by La Poste (the French postal service), if the package arrives open or damaged, it is essential that the Customer obtain a "damage report" (form 170) from the delivery person responsible for their shipment so that AQUATECH66 can initiate an investigation and compensation procedure. The Customer must simultaneously send a copy of this letter (along with the original "damage report," if applicable) by regular mail to AQUATECH66's Customer Disputes Department (see our contact information in Article 17).
If the Products need to be returned, a return request must be submitted to AQUATECH66 Customer Service within 7 days of delivery. Any claim made after this period will not be accepted.
9.4 . Delivery delay.
If delivery is delayed by more than three days from the date indicated in the shipping confirmation email, the Customer must check with the carrier to ensure the package is not being held there. If so, the Customer must report the delay to AQUATECH66 by phone or email. AQUATECH66 will then contact the carrier to initiate 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 French Consumer Code, the consumer has 14 days from the day after delivery of their order to return any product that does not suit them, without having to specify the reason, and request a full refund without penalty. In the case of an order for several products delivered separately, or in the case of an order for a product consisting of multiple lots or parts whose delivery is staggered over a defined period, the withdrawal period begins upon receipt of the last product, lot, or part.After this 14-day period, AQUATECH66 reserves the right to take back, for commercial purposes, one or more items at a price equal to or lower than the initial purchase price.
Any request for withdrawal must be notified in writing to AQUATECH66. To do so, the Customer can fill in the return form available on the Site or send it 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 postal mail before returning the item(s) in order to provide 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, SD navigation cards)
- Products made according to the Client's specifications or clearly personalized (rope)
- Products that have been opened are non-returnable for hygiene or health protection reasons.
- Products which, after delivery, are, by their nature, 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 . Procedures for returning Products under the right of withdrawal.
If the Customer exercises their right of withdrawal, they must return the Product no later than 14 days after notifying AQUATECH66 of their decision to withdraw. The Customer must return the Product(s) in question to the AQUATECH66 Returns Department.Products must be returned in their original packaging and condition, with all accessories and instructions, and unused. Any product that is damaged, incomplete, or whose original packaging has been damaged will not be refunded. The customer is only liable for any diminished value of the product resulting from handling other than what is necessary to establish the nature, characteristics, and proper functioning of the product.
Return shipping costs are the responsibility of the Customer. Products returned with postage due or cash on delivery will be systematically refused by AQUATECH66 and returned to the sender. To return oversized products, the Customer may use their own means of transport or hire a carrier. The Customer is advised that for products longer than 1.50 meters and/or weighing more than 15 kg (such as SUP boards, surfboards, paddles, or similar items), return shipping costs may exceed €80 depending on the chosen carrier.
AQUATECH66 recommends choosing an insured shipping method (carrier or registered mail with return receipt). Any loss, damage, or delay of the return package remains the responsibility of the Customer until the return package is received by AQUATECH66.
The right of withdrawal does not apply to manufacturer-sealed products (navigation memory cards, software update memory cards) that have been opened and/or used after delivery for warranty purposes, except in cases of manufacturing defects or non-conformity. This provision aims to preserve the safety and integrity of the products, as well as to prevent any abuse of the return policy. An original manufacturer-sealed item that has been opened or damaged may not be sold or resold.
10.3 . Refund, credit note and exchange within the framework of the right of withdrawal.
As part of exercising his right of withdrawal and in accordance with the provisions of Article L. 221-24 of the Consumer Code, the Customer may request a refund for the Product.Refund: AQUATECH66 will refund the Customer the full amount actually paid for the Product(s) in question, including the order delivery charges. The refund of the order delivery charges will be based on the cost of the least expensive standard delivery offered on the Website, regardless of the delivery charges paid when the order was placed. The difference in cost between standard delivery and another non-standard delivery method chosen by the Customer when placing the order (e.g., express delivery) will therefore remain the Customer's responsibility.
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. However, AQUATECH66 may postpone reimbursement until it has received the returned Product(s) or until the Customer has provided proof of shipment of the Product, whichever occurs first. AQUATECH66 will issue the reimbursement using the same payment method used for the Order, unless the Customer agrees otherwise. If this payment method has expired, the Customer must contact AQUATECH66 to change the reimbursement method.
Gift voucher: Refund of an order paid for with a gift voucher, A gift card or credit note will automatically be issued as a credit note. The credit note will be valid for one 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, they must first exercise their right of withdrawal and return the Product if it has been received, then place a new Order.
10.4 . Reimbursement procedures.
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 the products at their purchase price, including delivery charges.
The refund will be issued via the same payment method used for your order. In most cases, we will simply credit your bank card, and the credit will appear in your bank account within 2 to 4 days after the refund.
In the event that you benefited from an overall discount on your order, this discount is deducted pro rata to the items ordered.
In the case of an order with several items, and in the event that the shipping costs paid are not a flat rate, we will refund the shipping costs proportionally to the number of items returned.
Special cases regarding reimbursements:
Articles
Please note that for combined items (i.e., when a main item is associated in the same order with one or more discounted products), you must return all items to us.
If you wish, you can keep one or more accessory items, which will then be charged at the regular price (before any discount), and the difference (between the regular price and the discounted price) will be deducted from the refund for the returned main product. A promotional code or flat-rate discount may be available based on a minimum order amount.
In the event that your order benefited from a global flat-rate discount and if this discount was activated by reaching a minimum order threshold, we will have to deduct this discount from your refund if the new total (after deduction of returned items) is less than the threshold for triggering the discount.
Refund if the new total (after deducting returned items) is below the discount threshold. Free shipping with a minimum order.
If you benefited from a promotional offer on shipping costs subject to a minimum order, we may have 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 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 that in the event of a breakdown on certain specific products, the manufacturer will require a certificate of installation by a qualified marine professional. This applies to technical components, air conditioners, refrigerators, freezers, refrigeration units, and electrical and/or electronic products.
11.1 . Commercial guarantee.
The commercial warranty allows the Customer to obtain a refund for their Product, have it repaired, or have it replaced in case of malfunction. It is optional and offered at the manufacturer's discretion according to their terms and conditions, and does not imply any liability on the part of AQUATECH66. It is in addition to the legal guarantees of conformity and against hidden defects.The commercial warranty is valid only on new products. It is generally for one year, parts and labor. However, the scope and duration of this warranty may vary depending on the manufacturer and the brand of the product. The customer can consult the exact terms of the warranty on the manufacturer's website or in the product manual.
- Generally, commercial warranties do not cover:
- Replacing consumables (batteries, bulbs, fuses...),
- Abnormal or improper use of the Products,
- Damage caused by the intervention of a repairer not authorized by the manufacturer,
- Damage resulting from an external cause (e.g., accident, impact, overinflation, oxidation, presence of sand...).
To be able to benefit from the Product warranty, it is imperative to keep the purchase invoice for the Product, 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 the return of the Product at the Customer's expense for assessment – this return must be made either to the manufacturer's headquarters or to the headquarters of AQUATECH66. Following assessment, the manufacturer will then decide whether to accept or refuse coverage under the commercial warranty.
It is important to note that free repair of a product does not automatically constitute acceptance of warranty coverage. Very often, the manufacturer may offer a goodwill gesture and perform a free repair while refusing warranty coverage due to misuse (impact, improper use, etc.). Only written confirmation from the manufacturer constitutes acceptance of a commercial warranty claim.
If the commercial warranty is accepted, only the defective part will be covered. Similarly, the product may be either repaired or replaced according to the manufacturer's policy. AQUATECH66 cannot be held liable if the manufacturer refuses to honor its commercial warranty.
It is noted that the commercial warranty applies independently of the provisions relating to the legal warranty of conformity and the warranty 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 conforms to its intended use and to the description given in the Product's technical data sheet prepared by AQUATECH66. It applies to defects present and visible on the date of purchase or delivery of the Product.
The Customer has two (2) years from the date of delivery of the goods to invoke the legal guarantee of conformity in the event of a lack of conformity. During this period, the Customer is only required to establish the existence of the lack of conformity, not the date on which it appeared.
When a sales contract stipulates the continuous provision of digital content or a digital service for a period exceeding two years, the statutory warranty applies to that digital content or service throughout the entire provision period. During this period, the customer is only required to establish the existence of the non-conformity affecting the digital content or service, not the date on which it appeared. The statutory warranty of conformity obligates the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity entitles the Customer to the repair or replacement of the goods within thirty (30) days of their request, free of charge and without significant inconvenience. 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 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 receiving a full refund upon return of the goods, if:
- The professional refuses to repair or replace the item;
- The repair or replacement of the item takes place after a period of thirty (30) days;
- The repair or replacement of the goods causes a major inconvenience for the Customer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;
- 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 price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the Customer is not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to rescind the sale if the non-conformity is minor.
Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith 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 the average annual turnover (Article L. 241-5 of the Consumer Code).
When a sales contract stipulates the continuous provision of digital content or a digital service for a period exceeding two years, the statutory warranty applies to that digital content or service throughout the entire provision period. During this period, the customer is only required to establish the existence of the non-conformity affecting the digital content or service, not the date on which it appeared. The statutory warranty of conformity obligates the professional, where applicable, to provide all necessary updates to maintain the conformity of the goods.
The legal guarantee of conformity entitles the Customer to the repair or replacement of the goods within thirty (30) days of their request, free of charge and without significant inconvenience. 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 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 receiving a full refund upon return of the goods, if:
- The professional refuses to repair or replace the item;
- The repair or replacement of the item takes place after a period of thirty (30) days;
- The repair or replacement of the goods causes a major inconvenience for the Customer, in particular when the consumer definitively bears the costs of taking back or removing the non-conforming goods, or if he bears the costs of installing the repaired or replacement goods;
- 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 price reduction or termination of the contract when the lack of conformity is so serious that it justifies an immediate price reduction or termination of the contract. In such cases, the Customer is not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to rescind the sale if the non-conformity is minor.
Any period of immobilization of the goods for the purpose of repair or replacement suspends the warranty which remained to run until delivery of the repaired goods.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
A seller who obstructs in bad faith 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 the average annual turnover (Article L. 241-5 of the Consumer Code).
The legal guarantee of conformity does not apply to Products that have been modified, repaired, integrated by the Customer or are defective due to misuse by the Customer.
2. Legal guarantee against hidden defects.
- The legal guarantee against defects or hidden flaws applies under the following conditions:
- The defect was hidden and therefore not apparent at the time of purchase.
- The defect existed at the time of purchase of the Product,
- The defect renders the Product unusable or significantly reduces its usability.
The Customer benefits from the legal guarantee against hidden defects, pursuant to Articles 1641 to 1649 of the Civil Code, for a period of two (2) years from the discovery of the defect. This guarantee entitles the Customer to a price reduction if the goods are kept or to a full refund upon return of the goods.
The warranty against hidden defects does not apply to apparent defects, or those which the Customer knew or could not have been unaware of at the time of the Order.
ARTICLE 12 : LIMITATION OF LIABILITY
12.1 . Site Accessibility.
In the event of inaccessibility to the Site due to technical or other issues, the Client shall not be entitled to claim damages or any compensation. The unavailability, even prolonged and without any time limit, of one or more Products shall not constitute grounds for a claim of damages by the Client and shall not give rise to any compensation from AQUATECH66.AQUATECH66 shall in no event be held liable for the non-performance of the contract which may be attributable to a case of force majeure, as defined by French law.
12.2 . Visual representation of the Products.
The images (photos, visuals) displayed on the product pages are not contractually binding, and AQUATECH66 cannot be held liable for any errors they may contain. The Customer accepts that the rendering of these images, particularly in terms of color and shape, may vary significantly from one computer to another or differ from reality depending on the quality of the graphics hardware and screen, or the display resolution. These variations and differences cannot, under any circumstances, be attributed to AQUATECH66, which cannot be held liable for them.All texts and images created by AQUATECH66 and presented on the Site are protected worldwide by copyright and intellectual property rights; their reproduction, even partial, is strictly prohibited. Images (photos, visuals) representing items for sale provided by brands remain the exclusive property of the brands and their respective authors. The publication of information and/or images provided by a supplier is the sole responsibility of that supplier and does not engage the liability of AQUATECH66.
12.3 . Products sold on the Site.
AQUATECH66 is committed to complying with all applicable regulations in force in France and cannot be held liable for non-compliance with regulatory and legislative provisions in force in other countries. AQUATECH66 shall under no circumstances be held liable for misuse of the Products, improper maintenance of the Products, accidental damage, or abuse of the Products.The total or partial impossibility of using the Products, particularly due to hardware incompatibility, cannot give rise to any compensation, reimbursement, or liability on the part of AQUATECH66, the Client remaining solely responsible for the compatibility of the Products ordered with those already in their possession.
The Products offered for sale on the Site are sold uninstalled, The Customer declares that they are responsible for the installation of the Products, which they must carry out in accordance with best practices and the instructions for use.
AQUATECH66 cannot be held liable for any unavailability of Products in the event of stock shortages or supply failures by its suppliers, or in the event of any other occurrence caused by force majeure as defined in section 12.6 below. In particular, AQUATECH66 cannot be held liable for delivery delays due to errors or disruptions attributable to carriers (including total or partial strikes affecting postal services, transportation, and/or communications). Other events (e.g., a pandemic) may also extend delivery times.
AQUATECH66 cannot be held responsible for any errors made by the Customer when placing an Order and the resulting consequences in terms of delay or delivery error.
12.4 . Hyperlinks.
The hyperlinks on this Site may lead to other websites, and AQUATECH66 cannot be held liable if the content of these sites violates applicable laws. Similarly, AQUATECH66 cannot be held liable if a Client suffers harm as a result of visiting one of these sites.12.5 . User space.
If the data contained in the user account were to be lost due to an unforeseen event, a technical failure, or force majeure, AQUATECH66 cannot be held liable, as this information has no evidentiary value and is for informational purposes only. However, AQUATECH66 undertakes to securely retain all contractual documents whose retention is required by law or applicable regulations.12.6 . Force majeure.
Neither Party shall be deemed to have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by a case of force majeure.Force majeure shall be considered any event beyond the control of one of the Parties, which could not reasonably have been foreseen at the time of the conclusion of the General Terms and Conditions and whose effects cannot be avoided by appropriate measures, which prevents the performance of its obligation by one of the Parties.
Specifically, the following cases are considered force majeure, in addition to those usually recognized by French courts and tribunals:
- Blocking of transport or supply routes,
- Natural disasters (including earthquakes, fires, storms, floods, lightning);
- Disruption of telecommunications networks or difficulties specific to telecommunications networks.
- Pandemics.
The Party affected by such circumstances shall notify the other Party within ten business days of becoming aware of them. The two Parties shall then meet within one month, unless prevented by force majeure, to examine the impact of the event and agree on the conditions under which the performance of these Terms and Conditions will continue. If the force majeure event lasts for more than three months, these Terms and Conditions may be terminated by the affected Party.
ARTICLE 13 : RETENTION OF TITLE CLAUSE
The Products remain the property of AQUATECH66 until AQUATECH66 has received full payment from the Customer. Risk of loss or damage to the Products passes to the Customer upon delivery.ARTICLE 14 : PERSONAL DATA
AQUATECH66 collects and processes personal data relating to Customers, in particular for the purpose of managing Orders placed by them. In this respect, AQUATECH66 undertakes to comply with applicable regulations, namely European Regulation No. 2016-679 of 27 April 2016 (known as the "GDPR") and French Law No. 78-17 of 6 January 1978 known as the "Data Protection Act".To learn more about the protection of their personal data and to understand and exercise their rights, Customers can consult the Privacy Policy available on the Website
ARTICLE 15 : PUBLICATION OF USER CONTENT
The Site provides a number of content publishing tools (news, video, product reviews, product ratings, comments, hardware tests, etc.).Even though many posts are automated, AQUATECH66 reserves the right to review, publish, or reject (before or after) certain content. AQUATECH66 also reserves the right to remove or modify any content it deems illegal or that violates the Terms and Conditions (including after publication), without prior notice or compensation.
The texts, photos, and videos published on the Site are the sole responsibility of their authors. AQUATECH66 cannot be held liable for the content published in the editorial sections of the Site. The authors guarantee that the content published on the Site:
- Is related to a Product Ordered 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 a confidentiality obligation.
- Is strictly in accordance with public order and morality and is not intended for any illicit or illegal activity
- Is not inappropriate, offensive, defamatory, discriminatory, accusatory, or racist
- Do not disparage a product or brand for the sole purpose of damaging its image.
- Does not mention any competitors of AQUATECH66 and does not encourage purchase from a competitor.
- Does not contain promotional elements, is not considered spam.
ARTICLE 16 : APPLICABLE LAW / JURISDICTION / MEDIATION
The General Terms and Conditions of Sale and the sale of Products on the Site are governed by 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 French Consumer Code concerning the mediation process for consumer disputes, the customer has the right to use a consumer mediator (natural or legal person) free of charge for the amicable resolution of any dispute with a professional.Handling of complaints: The Parties shall endeavor to resolve amicably and in good faith any disputes that may arise between them concerning the interpretation, partial or total performance, or non-performance of these Terms and Conditions. Any disputes that may arise in connection with the performance of these Terms and Conditions may, before any legal action, be submitted in writing to AQUATECH66's Customer Service Department for amicable resolution. Consumer mediation is free for consumers, as the processing and investigation costs related to mediation cases are borne by the professionals. It can only be initiated by the consumer (the professional cannot initiate it). It must be conducted within a maximum of 90 days from the date the mediator notifies the parties of their referral. In the event of a complex dispute, this period may be extended; the parties will then be informed accordingly.
The European Commission has set up a dispute resolution platform to collect any complaints from consumers.
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 shall be submitted to the competent court of the place of domicile of the defendant or, at the plaintiff's option, 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 stated that requests for amicable settlement do not suspend the time limits for initiating legal proceedings.