Terms and conditions
ARTICLE 1: SCOPE
These General Conditions of sale apply to all orders placed on the website www.velaqua.com. The applicable Terms & Conditions are those in force on the day the order is confirmed, and constitute the contract between the customer and Aquatic World. The Customer declares to have full legal capacity allowing him to engage under this contract.
ARTICLE 2: PRODUCTS
When ordering the Customer, he can check the availability of the product. If the product is unavailable, the Customer cannot add it to the basket unless clearly indicated that it has been pre-ordered. The prices indicated on the product sheets are the only ones valid.
ARTICLE 3: PRICE
The prices indicated in Euros are deemed to include all taxes. The words "free delivery" indicate free shipping. Otherwise, the shipping costs will be indicated when ordering.
ARTICLE 4: VALIDATION OF ORDERS
Any order form signed by the Customer by "double click" constitutes an irrevocable acceptance which cannot be put to question. The "double click" associated with the authentication and non-repudiation procedure and the protection of the integrity of messages constitutes an electronic signature. This electronic signature has value between the parties in the same way as a handwritten signature (law of March 13, 2000 on the electronic signature). When ordering, any error from the Customer in the wording of the recipient's contact details or his own contact details (surname, first name, postal address, email address, telephone) shall not imply the responsibility of Aquatic World in the delivery of the items ordered. In the event of non-receipt of delivery information, it is the customer's responsibility to contact Aquatic World before delivery in order to correct, delete or add the information required.
ARTICLE 5: DELIVERY DELAY
All the announced delay are calculated in working days. The delivery date is calculated taking into account the preparation and shipping times to which is added the carrier's delivery time. For orders outside metropolitan France, the delivery delay will be communicated by Aquatic World. In the event of late delivery or delivery not carried out using the chosen method, the shipping costs paid by the customer cannot be reimbursed by Aquatic World. Aquatic World cannot be held responsible for non-performance of the contract concluded due to a case of force majeure.
ARTICLE 6: DELIVERY
Delivery is made to the address that the Customer will indicate when ordering, on the Delivery Method page. In the event of an unforeseen shortage of stock for an item ordered, the Customer will be notified immediately by Aquatic World in order to inform him of the possible delay. It is up to the customer to follow and verify the delivery of his order. In the case of a shipment with tracking, the tracking reference is communicated to the customer and is available on the order summary.
Aquatic World cannot be held responsible for any failure to monitor or transmit information on the part of the service providers.
Please note, before accepting your delivery, please check the condition of your packages (2 parcels for a Velaqua). In the event of an anomaly, refuse the package and indicate on the delivery note the reasons for the refusal, listing the problems observed. Don't let the driver tell you what to do or what to write on the delivery note.
Limit yourself to indicate the damage observed and don't take into consideration information that the deliveryman can indicate to you such as "intact packaging" or any other mention which could exclude their responsibility.
Finally, the mention "subject to unpacking" is not valid and cannot be taken into account.
For any dispute upon receipt, any complaint must be made within 72 hours of receipt of the package. This complaint may allow the creation of a return voucher in order to return the product in question free of charge. Any request to cover return shipping costs not having complied with this procedure cannot be taken over by Aquatic World.
In the case of a product return for withdrawal, the transport and customs costs are payable by the Customer.
In the event of an after-sales service procedure on a damaged product, no refund can be issued. The product will be exchanged for an identical product, which will be returned to the Customer after having been tested and verified. In the event of a return sender due to an address error or an incomplete address, Aquatic World will create a voucher or refund the amount of the products only, excluding shipping costs.
In the event of loss or theft of an order, Aquatic World will ask the Customer to provide the official supporting documents necessary for setting up an after-sales service. Aquatic World will thus be able to take charge of the lost or stolen product (s), but cannot take charge of the return shipping costs which remain the responsibility of the Customer. The support of the lost product (s) will be done only by the creation of a purchase voucher and allowing the customer to place a new order, for which he will have to pay the shipping costs. No refund can be issued following the loss or non-receipt of an order.
ARTICLE 7: TERMS OF PAYMENT AND SECURITY
Payment is made under the conditions provided for when ordering. Delivery costs are the responsibility of the buyer and are paid by the latter when ordering. All purchases are payable in cash when ordering. Aquatic World reserves the right to refuse to make a delivery or to honor an order from a Customer who has not fully or partially paid a previous order or with whom a payment dispute is being administered. The Customer may pay by Credit Card via the secure Payplug platform, by Paypal, by transfer or by check (exclusively for France). Aquatic World neither stock nor has access to the customer's bank details when purchasing through the bank's secure payment module. Aquatic World reserves the right to verify the solvency of a payment by check, by carrying out checks with its banking establishment, which may take from 7 to 14 days.
ARTICLE 8: RECTRACTION
In accordance with article L221-18 of the Consumer Code, the Customer has 14 working days from receipt of his order to return any item that does not suit him, in its original packaging and in good condition, suitable for re-marketing and request an exchange or refund without penalty, with the exception of return costs. The entire product must be returned (packaging and accessories) under penalty of refusal of the package. Aquatic World reserves the right to apply a discount to the product of up to 20% or to refuse the return if it is not re-marketable (torn packaging, missing accessories, damaged product , Already used...).
In the event that the return of a product is refused, Aquatic World will return the product to the customer. In the event that the order is not voluntarily received or refused, and returns to the sender (at the end of its availability period), it is the customer's responsibility to contact Aquatic World in advance in order to indicate that it will not receive the order. If this notification is not made as soon as the package is made available, at home or at a relay point / post office, Aquatic World reserves the right to refuse the package. Obtaining a return number from Aquatic World is mandatory to validate this procedure. Otherwise, Aquatic World will return the package to the recipient within 24 hours. If the recipient refuses this return, Aquatic World will deduct, from the purchase voucher or the reimbursement made, the costs of returning this package.
In case of return for withdrawal of all the items of the order, the total amount (products, shipping costs) will be refunded. In the event of a partial return, only the product (s) ordered (excluding shipping costs) will be reimbursed.
The Customer must return the package to the address specified in article 14 of these present general conditions of sale.
ARTICLE 9: SETTLEMENT OF DISPUTES
This agreement is subject to French law. In the event of a dispute with professionals and / or traders, the courts of Lyon (France) will be competent. In the event of a dispute, the French courts will have sole jurisdiction.
ARTICLE 10: CONSUMER DATA PROTECTION
The Customer has the right to access, modify, rectify and delete data concerning him (art 34 of the “Informatiques et Libertés” law of January 6, 1978). The Customer can modify his contact details at any time by clicking on the My Account link. Aquatic World undertakes not to sell, rent, lend or give away your personal information. They are only used in the context of your purchases at Aquatic World.
ARTICLE 11: CUSTOMER ACCEPTANCE
These general conditions of sale as well as the prices are expressly accepted by the Customer, who acknowledges having read them, and therefore waives the right to invoke any contradictory document and, in particular, his own general conditions of purchase, the act of purchase entailing acceptance of these general conditions of sale. These conditions are subject to change at any time without notice.
ARTICLE 12: WARRANTY
In accordance with article L217-4, upon receipt of the goods, the customer benefits from a legal warranty of conformity with a period of 2 years after purchase.
In accordance with article 1642-1, the customer benefits from a legal guarantee of crippling defect which must be introduced, under penalty of foreclosure, in the year following the date on which the seller can be discharged from defects or apparent lack of conformity.
ARTICLE 13: MEDIATION
In the event of a dispute between the professional and the consumer, the latter will endeavor to find an amicable solution.
In the absence of an amicable agreement, the consumer has the possibility to refer free of charge to the consumer mediator to which the professional belongs, namely the Association of European Mediators (AME CONSO), within one year of the complaint.
Referral to the consumer mediator must be made: either by completing the form provided for this purpose on the AME CONSO website: www.mediationconso-ame.com; or by letter addressed to AME CONSO, 11 Place Dauphine - 75001 PARIS.
The following are concerned by mediation: disputes between the professional and the consumer relating to the execution of a contract of sale or provision of service. To find out about online dispute resolution, you can consult the pages published by the European Community on its site.
ARTICLE 14: COMPANY INFORMATION AND LEGAL NOTICE
Aquatic World SAS
Capital: € 5000 €
Address: 268 route de Fontbenite, 69440 Saint-André la Côte - France
Director of publication: Arnaud Wigniolle
Site hosting: OVH 2 rue Kellermann - 59100 Roubaix - France
RCS Roubaix - Tourcoing 424 761 419 00045
Phone: 08 203 203 63
Last revision: 09/2021