The general conditions of sale (CGV) state the terms of sale of a good or a service provided 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: 18 Chemin de la Passio Vella, 66100 Perpignan, France , registered at trade and company register of Perpignan 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 update
on 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 RCS of Perpignan under SIRET number 98224724900013 and whose VAT number is FR02982247249, publishes and operates the following websites selling products online to individuals (hereinafter, depending on the case, the “Site” or “Sites concerned”): Aquanautique.com, Aquatech66.fr, Aquabase.store, radeaudesurvie.com, Nautique -prive.com & Confort-Nautique.comThese general conditions of sale (hereinafter “CGV”) govern the contractual relations applicable between AQUATECH66 and any non-professional (individual) buyer (hereinafter, the “Customer”) for any remote order of products carried out on the one of the Sites designated above (hereinafter, “Order” as this term is specified in article 5 of the General Terms and Conditions). AQUATECH66 and the Client are hereinafter referred to as the “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 validating an Order, the Customer must read the T&Cs and check the corresponding box by which he expressly acknowledges having read and accepted the T&Cs. The General Terms and Conditions are dated. AQUATECH66 reserves the right to modify them at any time. The version applicable to the Order is that 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 Site on the day of consultation of the Site by the Customer, within the limits 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 can, prior to his Order, read on the Site 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 Product availability 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 transmitted to it by its supplier. In this case AQUATECH66 can 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 out of stock 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 step. No compensation (apart from full reimbursement 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's suppliers may at any time modify 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 sent.
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 User space To place an order, the user must create an account or continue purchasing. The user will have to provide several personal information before being able to validate their Order. When the user wishes to create an account, his refusal to provide said information will have the effect of preventing the creation of the user account as well as, incidentally, the validation of the Order.4.1 . Functioning.
If the user has created an account, his user space will allow him to consult the history of his Orders placed on the Site, and to follow 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 undertakes to keep it secret and not to transmit or communicate it to any third party. Any connection to the user's user space using their identifiers is deemed to have been made by the user themselves. Otherwise, AQUATECH66 cannot be held responsible for unauthorized access to a user's account. In the event of fraudulent use by a third party of their username 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 as long as he has not 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 Sites concerned.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 the Products to the cart.
Entering contact details and invoicing and delivery terms.
Order summary. At this stage, the Customer has the possibility to check the details of his Order, the total price and to correct any errors before validating 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 as well as the associated costs.
Payment of the Order 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 conformity of the information he provides to AQUATECH66. In the event of an error on the shipping address, the shipping costs for a new shipment will be the responsibility of the Customer. AQUATECH66 recommends that the Customer keep a paper or reliable computer record of the data relating to their Order.
5.2 . Order Confirmation by AQUATECH66.
AQUATECH66 will acknowledge receipt electronically of the Customer’s Order 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 their 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 acknowledgment 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 for a previous Order, or
The Customer has a payment dispute currently being administered, or
The Customer has not complied with the General Terms and Conditions, or there is suspicion of fraud.
5.4 . Tracking control.
Order and delivery tracking is available in the customer area on the Site. The Customer can monitor 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 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 access the tracking of their Order on the Site.
5.5 . Order cancellation.
Cancellation of an order is possible before shipping and preparation. However, it will be impossible to cancel an order for items that are manufactured specifically for the customer by the supplier or manufacturer. Certain technical and specific products: examples: life rafts, refrigeration units, Fancoils, refrigerators, freezers cannot be canceled, because most of the models on sale are made to order by the customer.ARTICLE 6 : PRICE AND PAYMENT TERMS
6.1 . General.
The prices are indicated on each Product sheet on the Site. The Customer must read it before placing an Order. AQUATECH66 reserves the right to modify its prices at any time but undertakes to apply the prices in force which will have been indicated to the Customer at the time of their Order, subject to availability on that date.Prices are in Euros, VAT included, but excluding delivery costs, 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 their 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 the payment of said duties and taxes are not the responsibility of AQUATECH66 and will in any case be the responsibility of the Customer. It is therefore the responsibility of the latter to verify all 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 tax and provide a tax refund slip (subsequent VAT refund) for people residing outside the European Union (overseas departments, Monaco are excluded).
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 under any circumstances retain these bank details after the transaction.
Anti-fraud controls: AQUATECH66, in collaboration with 3D SECURE, controls all Orders placed on the Site for the purposes 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 Purchase Order is subject to automated data processing, the data controller of which is 3D Secure.
6.2 . Payment by credit card in 1 installment.
To pay by bank card in one installment, the Customer must indicate the number, expiry date and control number of their bank card. Authorization servers are consulted in order to verify this data and avoid abuse and fraud. No Customer data passes unencrypted on the AQUATECH66 sites .Payment by credit card is made through secure transactions by AQUATECH66 service providers.
6.3 . Payment by bank transfer.
The Customer can pay by transfer with no minimum purchase. An Order form including 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 the event of payment by transfer, the Order is reserved for 5 days after validation of the Order by the Customer. If after the 5 day period AQUATECH66 has not received the transfer from the Customer, the Order will be automatically canceled 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 for by transfer.
6.4 . Payment by PayPal.
AQUATECH66 is not able to automate the monitoring of payments by PayPal. Processing an Order paid by Paypal may in some cases take an additional 24 hours.ARTICLE 7 : PROMOTIONS, PROMO CODES AND VOUCHERS
Most current promotional offers on the Sites concerned are applied directly to the original price of the Products and immediately visible in the Customer's basket. Other promotions are based on a promotional 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 intended 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, however a reduction code can be for single use if it is issued by name for a particular customer or be for multiple use because it is intended for several customers and/or during promotional operations specific.
ARTICLE 8 : EXPORT AND SALES EXCL.
8.1 . Delivery to France and the European Union with tax relief.
According to the tax law in force, the tax refund applies to travelers habitually residing in a non-member state of the European Union or in a third country. 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 within 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 their habitual residence in a non-member state of the European Union or in a third country (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 passage through 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.
Customs may cancel a tax refund slip at any time if one of these conditions is not met. In this case AQUATECH66 will not be able to reimburse you.
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 their Order.9.1 . Delivery to mainland France and Corsica.
Shipping costs: Shipping costs will be calculated automatically in the basket and depend on the Products ordered and the carrier selected.Preparation and processing times for Products for shipment by AQUATECH66: All Express Delivery Orders with items in stock are shipped in principle within 24 working hours from validation of the Order. Delivery times for Products by carriers: The Customer chooses their delivery method at the time of validation of the Order. With regard to large Products, the mode of transport (postal circuit or independent carrier) is automatically determined 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 shipment of the Products, unless mention of a longer period expressly made known to the Customer when placing the Order and/or on the data sheets. Products. This 20-day period may exceptionally be increased by 10 working days in the event of a large volume of Orders, particularly during sales periods and during the end-of-year holidays.
The Customer will be informed of the progress of the transport of their Order directly by the carrier (via email or SMS) and will also be able to consult the tracking of their Order on the Site via their 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.Thus, AQUATECH66 cannot deliver Orders to bases or other premises of the Armed Forces 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 quickly as possible.
Transport costs are calculated automatically (based on the weight or volume of the package) at the basket stage when the Customer selects their country of delivery. If the Customer benefits from tax-free billing, the basket will automatically take this into account except for certain bulky Products.
If the Order is destined for countries outside mainland France, outside the EEC or outside the European tax zone (Canary Islands, Malta), AQUATECH66 informs the Customer that:
- Invoicing of 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 can contact the local customs office for more information before placing the 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 caused by the carrier.
Upon receipt of his Order, the Customer must check the conformity of the Products delivered before signing the carrier's delivery note.Any anomaly concerning delivery (damage, Product missing from the delivery note, damaged packages, broken Products, cardboard repackaged by the carrier using its own tape, etc.) must be indicated on the delivery note in the form of “reservations handwritten” accompanied by the Client’s signature. The Customer is responsible for the correct drafting of these reservations which condition the opening of the dispute and the reimbursement. Any complaint not following this procedure will be rejected.
AQUATECH66 may request a sworn declaration concerning 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 anomalies by registered mail and confirm his reservations to the carrier no later than 3 working days following receipt of 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 a “report of spoliation” established by the delivery person on whom he depends (report 170) so that AQUATECH66 can open a investigation and compensation procedure. The Customer must simultaneously send a copy of this letter (with the original of the “spoliation report” if applicable) by simple mail to the AQUATECH66 Customer Dispute Department (see our contact details in article 17).
If the Products require a return, they must be the subject of a return request to AQUATECH66 Customer Service within 7 days of delivery. Any complaint made outside this deadline cannot be accepted.
9.4 . Late delivery.
In the event of a delivery delay of more than three days from 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 . Deadline and terms 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 request reimbursement without penalty. In the case of an Order for several Products delivered separately or in the case of an Order for a Product made up of lots or multiple pieces whose delivery is spread over a defined period, the withdrawal period runs from receipt of the last Product or batch or the last part.After this period of 14 days, AQUATECH66 reserves the right to take back one or more items on a commercial basis 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.
In this case, AQUATECH66 will immediately send the Customer an acknowledgment of receipt of the withdrawal by email.
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 (CD, DVD, navigation SD cards)
- Products made according to the Customer's specifications or clearly personalized (rope)
- Opened and non-returnable products for reasons of hygiene or health protection
- Products which, after having been delivered and due to their nature, are mixed inseparably with other goods of the Customer
- Products whose price depends on fluctuations on the financial market beyond the control of AQUATECH66 and likely to occur during the withdrawal period.
10.2 . Conditions for returning 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 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 packaging and in their original condition, accompanied by all their accessories and instructions and unused. Any Product which has been damaged, incomplete, or whose original packaging has been damaged cannot be refunded. The Customer's liability is only incurred with regard to the depreciation of the Product resulting from manipulations other than those necessary to establish the nature, characteristics and proper functioning of this good.
Return costs are the responsibility of the Customer. Products returned carriage 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 service 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, surf boards, paddles or others), the shipping costs Returns may cost 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 damage or any 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 event of a manufacturing defect or of non-compliance. This provision aims to preserve the safety and integrity of the products, as well as to avoid any abuse of the returns policy. An original manufacturer sealed item 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 a refund 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 delivery costs for 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 delivery costs paid during the Order. The difference in cost between standard delivery and another non-standard delivery method which 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 reimbursement until recovery of the returned Product(s) or until the Customer has provided proof of shipment of the Product, the date chosen being that of the first of these events. AQUATECH66 makes the reimbursement using the same means of payment as that which was used to pay for the Order, unless otherwise agreed by the Customer. If this payment method has expired, the Customer must contact AQUATECH66 to modify the reimbursement method.
Voucher: The refund of an Order paid with a voucher, a gift card or a credit will automatically be made as a credit. The credit will be valid for 1 year and its amount cannot under any circumstances be refunded 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 then place the Order again.
10.4 . Repayment Terms.
Once the package is delivered to us, it will be processed within 2 to 4 days (an e-mail will be sent to you as soon as the package is being processed).We will refund the products to you at their purchase price, including delivery costs.
The refund will be made by the same payment method as your order. In the majority of cases, we will simply re-credit your bank card and the credit will appear in your bank account between 2 and 4 days after the refund.
In the event that you have benefited from a global 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 you the shipping costs in proportion to the number of items returned.
Special cases concerning reimbursements:
Compound articles
Please note, 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 invoiced to you at the normal price (excluding discounts), and the difference (between the normal price and the discounted price) will be deducted from the reimbursement of the main product returned. Promo code or flat rate reduction thanks to minimum order
In the event that your order has benefited from a global flat rate reduction and if this reduction has been activated thanks to a minimum order threshold reached, we will be required to deduct this reduction from your refund if the new total (less returned items ) is lower than the discount trigger threshold.
refund if the new total (deduction of returned items) is lower than the threshold for triggering the discount. Free shipping thanks to a minimum order
If you have benefited from a promotional offer on shipping costs subject to a minimum order, we may have to deduct from your reimbursement the shipping costs (in economic mode) corresponding to what you would have paid if the threshold of order had not been reached.
ARTICLE 11 : GUARANTEES AND After-sales service
When the purchase of a Product is made, 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 and following of the Consumer Code) as well as the legal guarantee against hidden defects (in application of articles 1641 to 1649 of the Civil Code).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 offered freely 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 guarantee is valid only on new Products. It is generally one year, parts and labor. The extent and duration of this warranty may, however, vary depending on the manufacturer and the brand of the Product. The Customer can consult the exact terms of the guarantees 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 due to the intervention of a repairer not approved by the manufacturer,
- Damage resulting from an external cause (for example, accident, shock, over-inflation, oxidation, presence of sand, etc.).
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 a return of the Product at the Customer's expense for an expertise - this return must be made either to the manufacturer's headquarters , or at the headquarters of AQUATECH66. It is then up to the manufacturer to give, after expert assessment, an agreement or refusal for coverage of the commercial guarantee.
It is important to note that free repair of a Product does not automatically mean acceptance of warranty coverage. Very often, the manufacturer will be able to make a commercial gesture and carry out a repair free of charge while refusing warranty coverage due to misuse (shock, misuse, etc.). Only a written letter from the manufacturer constitutes acceptance of the coverage of a commercial guarantee.
In the event of agreement to cover the commercial warranty, only the defective part can be covered. Likewise, 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 guarantee.
Please note 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.
By legal guarantee of conformity we mean the guarantee that the Product purchased conforms to the expected use and to the description made on the technical sheet of the Product 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 delivery of the goods to obtain implementation of the legal guarantee of conformity in the event of a lack of conformity appearing. During this period, the Customer is only required to establish the existence of the lack of conformity and not the date of its appearance.
When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected 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 of its appearance. The legal guarantee of conformity entails an obligation for 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 replace the goods within thirty (30) days following their request, without cost and without major inconvenience for them. If the item is repaired within the framework of 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 item, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the item.
The Customer may obtain a reduction in the purchase price by keeping the item or end the contract by being reimbursed in full against return of the item, if:
- The professional refuses to repair or replace the item;
- The repair or replacement of the goods takes place 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 taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of replacement ;
- The non-compliance of the property persists despite the seller's unsuccessful attempt to bring it 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 the price or the termination of the contract being immediate. The Customer is then not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up to 10% of the average annual turnover ( article L. 241-5 of the Consumer Code).
When the contract of sale of the good provides for the supply of digital content or a digital service on a continuous basis for a period of more than two years, the legal guarantee is applicable to this digital content or this digital service throughout the period. expected 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 of its appearance. The legal guarantee of conformity entails an obligation for 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 replace the goods within thirty (30) days following their request, without cost and without major inconvenience for them. If the item is repaired within the framework of 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 item, but the seller requires replacement, the legal guarantee of conformity is renewed for a period of two (2) years from the date of replacement of the item.
The Customer may obtain a reduction in the purchase price by keeping the item or end the contract by being reimbursed in full against return of the item, if:
- The professional refuses to repair or replace the item;
- The repair or replacement of the goods takes place 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 taking back or removing the non-compliant good, or if he bears the costs of installing the repaired good or of replacement ;
- The non-compliance of the property persists despite the seller's unsuccessful attempt to bring it 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 the price or the termination of the contract being immediate. The Customer is then not required to request repair or replacement of the goods beforehand.
The Customer is not entitled to cancel the sale if the lack of conformity is minor.
Any period of immobilization of the good for its repair or replacement suspends the guarantee which remained to run until the delivery of the restored good.
The rights mentioned above result from the application of articles L. 217-1 to L. 217-32 of the Consumer Code.
The seller who obstructs in bad faith the implementation of the legal guarantee of conformity incurs a civil fine of a maximum amount of 300,000 euros, which can be increased up 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 modified, repaired, integrated by the Customer or defective due to misuse 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 it unusable or significantly reduces the use of the Product.
The Customer benefits from the legal guarantee against 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 item is kept or to a full refund against return of the item.
The guarantee against hidden defects does not apply to apparent defects, or which the Customer knew or could not have been unaware of when placing the Order.
ARTICLE 12 : LIMITATION OF LIABILITY
12.1 . Accessibility to the Site.
In the event of impossibility of access to the Site due to technical problems or of any other nature, the Customer will not be able to claim damage and will not be able to claim any compensation. The unavailability, even prolonged and without any limitation period, of one or more Products, cannot constitute harm to the Customer and cannot in any way give rise to the granting of damages from AQUATECH66.AQUATECH66 cannot under any circumstances be held responsible for non-performance of the contract which may be attributable to a case of force majeure, within the meaning given by French courts.
12.2 . Visual representation of the Products.
The images (photo, visual) presented on the Product sheets do not fall within the contractual scope and AQUATECH66 cannot be held responsible if errors are introduced. The Customer accepts that the rendering of these images, particularly in terms of colors or shape, may vary significantly from one computer station 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 cannot under any circumstances be attributed to AQUATECH66 which cannot under any circumstances be held liable as a result.All texts and images produced by AQUATECH66 and presented on the Site are reserved, for the entire 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 made under the exclusive responsibility of the latter and cannot engage the liability of AQUATECH66.
12.3 . Products sold on the Site.
AQUATECH66 undertakes to respect all applicable provisions in force in France and cannot be held responsible for non-compliance with the 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 even 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 call into question the liability of AQUATECH66, the Customer remaining the sole judge of the accounting of the Products ordered with those already in its possession.
The Products offered for sale on the Site being sold uninstalled, the Customer declares to be responsible for the installation of the Products which he 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 Products in the event of a stock shortage or lack of supply by its suppliers or in the event of any other event caused by force majeure as this concept is defined in point 12.6 below. In particular, AQUATECH66 cannot be held responsible for delivery delays 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 (example: pandemic) are likely to extend delivery times.
AQUATECH66 cannot be held responsible for possible input errors by the Customer when placing an Order and the consequences in terms of delay or delivery error.
12.4 . Hypertext links.
The hypertext links present on this Site may refer to other websites and AQUATECH66 cannot be held responsible if the content of these sites contravenes the legislation in force. Likewise, AQUATECH66 cannot be held liable if the Customer's visit to one of these sites causes him harm.12.5 . User space.
If the data contained in the user account were to disappear following a fortuitous event, a technical breakdown or a case of force majeure, AQUATECH66 could not be held responsible, this information having no value conclusive but only informative. AQUATECH66, however, 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.Will be considered as force majeure any event beyond the control of one of the Parties, which could not be reasonably 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 execution of its obligation by one of the Parties.
Expressly, the following cases are considered as cases of force majeure, in addition to those usually retained by the jurisprudence 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 will notify the other within ten business days following the date on which it becomes aware of them. The two Parties will 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 continue. If the force majeure lasts for more than three months, the General Terms and Conditions may be terminated by the injured Party.
ARTICLE 13 : RESERVATION OF OWNERSHIP CLAUSE
The Products remain the property of AQUATECH66 until AQUATECH66 has fully collected 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 “GDPR”) and Law No. 78-17 of January 6, 1978 known as “Informatics & Freedoms.”To find out 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 certain number of content publication tools (news, video, Product review, Product rating, comment, hardware test, etc.).Even if 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 which it considers illicit or which violates the General Conditions of Sale (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 parts of the Site. The authors guarantee that the content published on the Site:
- Is related to a Product Ordered and/or the Order experience with AQUATECH66.
- Does not violate the rights of third parties, in particular, without this list being exhaustive, any intellectual property right of the said third party (in particular copyright, trademark right, patent right), image right, right to information covered by secrecy or an obligation of confidentiality.
- Is strictly in accordance with public order and good morals and does not have as its object an illicit or illegal activity
- Is not inappropriate, offensive, defamatory, discriminatory, accusatory or racist
- Do not denigrate a Product or a brand with the sole aim of damaging 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 / JURISDICTIONAL 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 April 11, 1980 on the international sale of goods. In accordance with the provisions of the Consumer Code concerning the mediation process for consumer disputes, the customer has the right to have free recourse to a consumer mediator (natural or legal person) with a view to the amicable resolution of the dispute which concerns him. opposed to a professional.Handling of complaints: The Parties will, however, endeavor to settle amicably and in good faith any disputes which may arise between them regarding the interpretation, partial or total execution or non-execution of the General Terms and Conditions. Any disputes which may arise in the context of the execution of the General Conditions of Sale 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 covered by the 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 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 intended to collect possible complaints from consumers.
Competent jurisdiction: In the absence of an amicable agreement, any legal action relating to the conclusion, interpretation, execution or termination of the General Conditions of Sale 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 effective 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 bringing legal action.