General Conditions of Sale


                VELAQUA.COM

 

PREAMBLE

These terms and conditions are agreed solely between the LUDENOY company, registered under number 794 405 308 on the Lyon Trades and Commerce Register and whose head office is located at Caluire et Cuire, hereafter referred to as “VELAQUA.COM”, and any person making a purchase on the VELAQUA.COM website, hereafter referred to as “the internet user” and collectively referred to as “the parties”.

The internet user declares that he/she is of legal age or has parental consent, and has the legal capacity to enter into a contract enabling him/her to place an order on VELAQUA.COM. 


ARTICLE 1: ORDERS

How do I place an order on VELAQUA.COM?

The ordering process comprises several stages:
- the internet user fills his/her basket,
- the internet user selects a delivery method,
- the internet user selects a payment method,
- the internet user completes the payment process,
- the internet user is then sent an email from VELAQUA.COM to say that his/her order has been received,
- lastly, the internet user receives an order confirmation email.

The order confirmation email indicates that VELAQUA.COM has accepted the internet user's order, thereby constituting a sales contract binding both parties.

La passation de votre commande se fait en plusieurs étapes :
- l'internaute remplit son panier de produits,
- l'internaute choisit son mode de livraison,
- l'internaute choisit son mode de paiement,
- l'internaute effectue sa demande de paiement,
- l'internaute reçoit ensuite de VELAQUA.COM un e-mail d'enregistrement de sa commande,
- Enfin, l'internaute reçoit un e-mail de validation de sa commande.

What payment methods are accepted?

The internet user can pay for his/her purchases with a debit card, including Visa, Carte Bleue, Mastercard and E-carte Bleue, or via PayPal.

Proof of order/payment

In the absence of evidence to the contrary, our automated systems and those of our service providers will constitute proof of all transactions concluded between VELAQUA.COM and the internet user, provided that these systems are maintained in satisfactorily secure conditions. In accordance with regulations, we archive all orders onto a reliable storage medium. The internet user can access these orders on the VELAQUA.COM website from the “My account” section. In any event, VELAQUA.COM recommends that internet users retain their order confirmation email.

 

ARTICLE 2: AVAILABILITY

Should an ordered item be unavailable, VELAQUA.COM reserves the right to cancel the order provided that it duly notifies the internet user. For orders involving multiple items, if one of these items cannot be dispatched within the timeframes stated on the website, VELAQUA.COM must notify the internet user of any additional period of delay.

 

ARTICLE 3: DELIVERY

What are the delivery timeframes?

Delivery timeframes published on the website come into force as soon as the internet user is sent the order confirmation email by VELAQUA.COM. Deliveries may be made sooner than the timeframe stated.

For named day deliveries (heavy or cumbersome items), the carrier will contact the internet user directly to arrange a delivery date. The internet user must notify VELAQUA.COM if he/she expects to be absent during the allocated timeslot. Failing this, the attempted delivery will be billed by the carrier.

Check your items upon receipt!

For all deliveries, VELAQUA.COM strongly advises the internet user to check the condition of the product(s) upon receipt. In the event of an anomaly (damaged packaging, or missing, damaged or broken items), the internet user:
- must provide an accurate description on the delivery slip detailing the condition of the parcel as grounds for refusing the delivery 
- must ensure that the carrier countersigns this objection
- will have 3 calendar days in which to notify VELAQUA.COM by any reasonable method.

The internet user is therefore strongly advised to open the package in the presence of the carrier, so as to be satisfied that the item(s) are undamaged.

Conditions governing the right to cancel

In accordance with current legislation, the internet user may cancel his/her order within a period of 14 clear days as of the day on which the order was received. The responsibility to exercise the right to cancel lies with the internet user in accordance with the methods outlined below.

How can I exchange my item or exercise my right to cancel?

In either of these cases, the internet user should consult the “Contact” section of the website and make his/her request accordingly. The internet user may select how he/she wishes to return the item and choose whether or not to take out insurance to cover the loss of, theft of or damage to his/her parcel. VELAQUA.COM will not pay for any of these expenses, nor shipping costs, and will not be held liable should the internet user's parcel fail to arrive. Generally speaking, the sender is responsible for all expenses and risks incurred when returning an item. Only items returned in full, in perfect condition and in their original packaging will be accepted. Otherwise, the item(s) returned will be considered to be non-compliant and will not be refunded by VELAQUA.COM.

How and when will I be refunded should I decide to exercise my right to cancel?

VELAQUA.COM will refund the internet user within 15 days of receiving all returned items and within a maximum of 30 days. For card payments, refunds will be paid directly into the bank account linked to the internet user’s debit card. For payments made by cheque, a cheque refund will be sent to the billing address. For partial returns, VELAQUA.COM will refund the customer a proportion of the total shipping cost (outbound only).

What happens if my item is faulty when I come to use it, or isn't what I ordered?

In this case, VELAQUA.COM: - will, at its own expense, send out the item ordered within 30 days of receiving the returned item, provided that the item requested is in stock. Should the item ordered no longer be available by the time the returned item is received, VELAQUA.COM will refund the unavailable item. Return shipping costs will be refunded in line with the same timeframes applicable to the right to cancel.

 

ARTICLE 4: GUARANTEES / AFTER-SALES SERVICE

Your item is broken or faulty.

Independently of the manufacturer’s guarantee covering some of the items sold on our website, VELAQUA.COM is obliged by law, for all items sold on its website, to apply legal compliance guarantees (articles L. 211 to L. 211-14 of the Consumer Code) and latent defect guarantees (articles 1641 to 1649 of the Civil Code) in accordance with the law. Some items sold on the website enjoy a manufacturer’s guarantee valid for a period specified on the product details page of the items concerned. However, this guarantee is not applicable in the event of a problem caused by the internet user neglecting, damaging or misusing the item. VELAQUA.COM specifically draws the internet user's attention to faults or malfunctions that can only result from the poor installation or handling of the item.  Under such circumstances, VELAQUA.COM would request that the internet user follows the instructions in the user guides provided on the website or the instructions that come with the item, and to carry out various tests on the item received.

 

ARTICLE 5: RETENTION OF TITLE

Ludenoy reserves all ownership rights for items purchased by the internet user until the internet user has fulfilled all of his/her obligations, including full payment of the purchase price, in addition to any interest payable, if applicable.

 

ARTICLE 6: ENTIRE AGREEMENT

These General Conditions of Sale comprise the entire agreement of all provisions therein. VELAQUA.COM’s decision to refrain from invoking any of the provisions therein at a given moment may not be interpreted as a waiver of its right to invoke these same provisions at a later date. Should any one of these provisions be deemed null and void, all other provisions will remain valid.

 

ARTICLE 7: GOVERNING LAW

These general conditions of sale are governed by French law. As with a sales contract between traders, any dispute that cannot be settled amicably will be brought before the sole jurisdiction of the relevant court in Lyon, notwithstanding multiple defendants and/or the introduction of third parties, even for protective measures involving emergency proceedings or ex-parte motions.