AQUAchiara General Terms and Conditions of Sale

ARTICLE 1 - GENERAL PROVISIONS

 

1. Définitions

 

"Customer" means any natural or legal person who places an order for Products on the Site;

"Consumer customer" means any natural person who acts for purposes that are not part of their commercial, industrial, craft or liberal activity on the Site;

"Professional customer" means any natural or legal person who acts for purposes that are not part of their commercial, industrial, craft or liberal activity on the Site;

"Order" means any request by a Customer to purchase one or more Products on the Site;

"General Terms and Conditions of Sale" or "GTC": refers to all of the stipulations set out herein which detail the rights and obligations of the Customer and the Seller when selling Products on the Site;

"Products": refers to all products offered for sale on the Site;

"Site" means the www.aquachiara.com website

"Vendor": refers to the company VH2O, S.A.S, registered in the Paris RCS under the number 501 219 331, and having its registered office at 17 rue Burq - 75018 Paris.

 

   2. Identification of the seller

 

The present GTC are those of the Seller, the company VH2O, S.A.S registered in the RCS of Paris under the number 501 219 331, and having its registered office at 17 rue Burq - 75018 Pari

 

 

 3. Scope and acceptance of the GTC

 

Any purchase of Products made on the www.aquachiara.com Site or in the paper catalogue (hereinafter, the "Catalogue") is subject to these GTC.

 

The purchase of Products can be made by a consumer or a professional customer. Some of the provisions herein apply exclusively to consumer or professional Customers.

 

By placing an Order online, the Customer acknowledges that they have full legal capacity to enter into a commitment, i.e. that they have reached the age of majority and that they are not under guardianship or curatorship.

 

The professional Customer indicates their professional status when opening their account. The Seller may ask any Customer to provide additional information in order to prove their capacity to order as a professional or consumer Customer.

 

The present GTC may be supplemented, if necessary, by special conditions of sale, which prevail over all other conditions, except in the case of a prior express and written derogation between the Seller and the Customer.

The Seller reserves the right to modify and adapt the general terms and conditions of sale in order to better define the rights and obligations of each party.

The Customer is invited to take note of the general terms and conditions of sale in force on the day of the Order.

The Customer can check the current version of the GTC at any time by clicking on the link.

 

The GTC in force at the time of the conclusion of the sales contract are those which are binding on the Customer.

 

In addition, each time Products are purchased on the Site, the Customer will be asked to confirm acceptance of these GTC in force at the time the order is placed.

 

These GTC can be viewed at the time when the user is asked to confirm that they accept them.

 

To confirm this acceptance, the Customer must tick the box "I have read and accept the General Terms and Conditions of Sale of the aquachiara.com website".

 

The Seller reserves the right not to fulfil an Order placed by the Customer in the event of non-compliance by the Customer with the provisions of these general terms and conditions of sale or in the event of an exorbitant and/or abnormal demand.

 

ARTICLE 2 –ACCESSIBILITY OF THE ONLINE ORDERING SERVICE / CUSTOMER ACCOUNT

 

The online product ordering service allows the Customer to order the products of their choice, with online payment.

 

The Site is accessible 24 hours a day, subject to possible problems of internet connection or availability of the telephone line independent of the Seller.

The Seller shall make every effort to ensure the availability of the AQUACHIARA Remote Services.

However, due to the nature of the services offered (distance selling on the Internet or by telephone), the Seller may have to modify at any time or temporarily interrupt all or part of the AQUACHIARA distance services for technical reasons or in order to optimise the services offered to the Customer, without having to inform the Customer in advance.

The Seller shall not be held liable for any changes or interruptions made. Customer account.

 

When creating their "My account" space on the Site or via the Customer Service, the Customer is given a password.

Each time the Customer connects to the Site for a new Order, they enter their login and password to access their account and place an Order.

 

If the Customer loses or forgets their password, they can, by clicking on the "Forgot your password?" link, automatically receive an e-mail message allowing them to regenerate their password.

Each Customer is responsible for maintaining the confidentiality and security of the information that allows them to be identified on the Site or through the Customer Service.

They are thus responsible for any operation that may have been carried out from their account or with their password.

Nevertheless, the Customer shall immediately inform the Seller if they have reason to believe that their password is known or that their account is being used by an unauthorised third party.

 

In any case, the Seller cannot be held responsible for identity theft.

The Customer is responsible for the accuracy of all information provided on the Site or by Customer Services.

 

They can access and modify their information on their account by connecting to the "My account" space on the Site or by contacting Customer Service.

Any use by the Customer of the AQUACHIARA Remote Services for fraudulent purposes or in connection with any illegal activity, or which would cause or be likely to cause any interruption or alteration of the services, or any disturbance or damage to anyone, is strictly prohibited.

 

The Seller reserves the right to refuse access to AQUACHIARA Services or to suspend and/or close an account of a Customer, if the latter contravenes the applicable legal and regulatory provisions as well as the present general conditions of sale.

  

ARTICLE 3 – CUSTOMER SERVICE

 

The Seller provides the Customer with a Customer Service enabling the Customer to place Orders for products and/or to respond to any request for information from the Customer relating to the product (description, availability, delivery, etc.).

Customer Service can be contacted:

 

• by telephone on 0153093020 (not surcharged);
• via the Site in the "Contact Us" section or by email at info@aquachiara.com;
• by post to the following address AQUACHIARA - VH2O, 17 rue Burq, 75018 PARIS

 

 

ARTICLE 4 – INTELLECTUAL PROPERTY

 

The content of the Site, and in particular the information relating to the products, images, photos, logos, brands, etc. appearing on the Site, are the property of the Seller, its service providers or its own product suppliers and are protected by intellectual property law.

The Customer may not use, reproduce or extract such content without the Seller's express written permission.

The Customer undertakes not to infringe in any way whatsoever the intellectual property rights of the Seller in respect of the Site and its content.

In particular, the Customer may not use any tool to harvest, extract or collect data in order to use all or part of the AQUACHIARA Remote Services, without prior express written consent of the Seller.

 

 

ARTICLE 5 – PRODUCTS

 

5.1 Product offer

 

The Product offers are valid as soon as they are present on the Site.

The list of Products on the Site may be modified at any time by the Seller to better meet the needs of the Customer.

 

5.2 Promotional offer

 

The Customer may benefit from promotional offers on the Site.

 

5.3 Product identification

 

The photographs, illustrations and information displayed on the Site or in the Catalogue are provided for information purposes only and are not contractual, in that they do not relate to any substantial part of the Product.

 

5.4 Product compliance

 

The Products on the Site or in the Catalogue comply with the legal and regulatory provisions applicable in France.

It is the responsibility of the Customer, who is solely responsible, to check the conformity of the Product in the event of export or use of the Product outside France.

 

5.5 Use of the products

 

It is the Customer's responsibility to read the Product's labelling, technical data sheets and any information on the Product or its packaging before using the Product.

 

The Customer is aware of the precautions for use and instructions for use and ensures that they are applied for Products classified as dangerous, and is aware of the expiry date for perishable Products.

 

 

ARTICLE 6 – ORDERING

 

6.1 Placing the Order

 

The Customer shall place an Order in accordance with the information provided on the Site.

 

When placing an Order, the Customer shall ensure that the information required is accurate and complete, particularly with regard to the delivery address and/or the invoicing address.

 

The Seller cannot be held responsible for any input errors and the consequences that may result from them.

 

The Seller reserves the right to charge the Customer for the costs of reshipment or representation of the product resulting from incorrect information provided by the Customer.

 

The confirmation of the Order by the Customer formalises in a firm and definitive manner the sales contract concluded with the Seller and implies their unreserved acceptance of these GTC.

 

The Seller shall send the Customer an Order confirmation containing the terms of the Order and an Order number to the e-mail address provided by the Customer.

 

Any Order made by the Customer on the Site or through the Customer Service Department is placed as soon as it is confirmed by the Customer.

 

Confirmation means the online confirmation of the payment by credit card.

 

The Seller reserves the right to cancel any Order placed by a Customer in the event of non-payment by the Customer of sums due in respect of one or more previous Orders.

 

6.2 Anti-fraud treatment - request for proof

 

In order to effectively combat fraud, the Seller reserves the right to carry out random checks after the Order has been confirmed.

The Seller may ask the Customer to provide the following information: a copy of their valid identity card/passport, a bank details form, company registration details for professional Customers.

 

ARTICLE 7 – AVAILABILITY OF PRODUCTS

 

The Seller shall inform the Customer of the availability of the Products when the Order is placed.

The Customer may contact the Customer Service Department to find out the availability of products that are temporarily unavailable.

As exceptional unavailability is beyond the control of the Seller, the latter cannot be held responsible for this and, in this case, reserves the right to refuse the sale by refunding the Customer for the order placed.

 

 

ARTICLE 8 – PRICES

 

The selling prices of the Products may be modified at any time by the Seller on the Site.

 

The prices may be revised in particular according to variations resulting from labour costs, the price of raw materials and transport costs.

 

The price applied to the Products ordered corresponds to the price shown on the Site at the time the Order is placed.

 

These prices are quoted in euros and exclude transport costs and may be subject to conditions or limited validity.

 

Prices are indicated exclusive of tax for professional Customers and also inclusive of tax at the time of product selection for consumer Customers. The VAT applicable is that in force at the time the Order is placed.

 

The total amount of the Order is the amount indicated at the end of the Order before confirmation and payment, and is included in the Order confirmation.

It includes the price of the Products before and after tax, plus the cost of transport.

 

The unit price of the electrical and electronic equipment and materials presented on the Site is inclusive of eco-tax.

 

ARTICLE 9 – PAYMENT - BILLING

 

9.1 Payment

 

Unless the Vendor grants the Customer an exemption, Orders shall be paid for in full, without discount and in full, by credit card linked to a French bank account, as soon as the Order is confirmed.

 

9.2 Billing

 

The invoice will be sent to the Customer electronically.

The electronic invoice is made available to the Customer for consultation in the "My Account" area.

 

9.3 Secure payment

 

Credit card payments are managed by a remote payment service provider that is certified to the PCI DSS transaction security standard, which governs the remote payment service provider profession.

 

When paying by credit card, the Customer's bank details are entered directly on the provider's payment server.

The Customer's details are then encrypted using the SSL protocol.

 

ARTICLE 10 – DELIVERY OF PRODUCTS

 

10.1 Terms of delivery

 

Delivery is made to the address given by the Customer when the order is placed.

 

The Customer assumes the risks (in particular of loss, theft or deterioration) relating the Products delivered from the moment they are delivered to the address indicated at the time of the order.

 

The precise place of unloading, which must be clearly specified by the Customer at the time of the Order, must be accessible by a road that is safe and without risk and during working hours.

 

The Seller reserves the right to refuse delivery of Products to certain areas that are difficult to access for carriers (mountains, islands, etc.). The Customer may then obtain a refund of the Order.

 

The Customer shall be responsible for directing the manoeuvres required for access and circulation at the delivery site.

 

The Seller declines all responsibility if any damage occurs at the place of delivery due to difficult access or unsuitable terrain.

 

Delivery of the Products is deemed to have taken place when the Products are handed over to the Customer.

 

Upon delivery of the Products to the location specified in the Order, the Client must sign a delivery or collection slip presented to them by the carrier.

 

If the Customer is absent when the Products are delivered, the Seller shall attempt to contact the Customer in order to find a solution for delivery or collection of the Product at a pick-up point.

 

In the event of failure, the Product will be returned to the Seller who may agree with the Customer on a new delivery at the Customer's expense. The Seller may also decide to refund the Customer who may then place a new Order.

 

The unloading of the products is the responsibility of the Customer in the presence of the carrier.

 

In the event of delay, damage or missing items during transport, it is the Customer's responsibility to note any necessary reservations on the delivery slip and to confirm said reservations by registered letter with acknowledgement of receipt to the carrier within 3 days of delivery of the products.

The Seller shall not be held responsible for the consequences of a delay or suspension of delivery due to causes beyond its control.

 

10.2 Delivery error

 

In the event of an error in the addressee, or products delivered that do not correspond to those ordered by the Customer, the latter will have the possibility of contacting the Customer Service Department in order to inform it of the issue noted and to formulate their complaint, if necessary, within 2 days. The provisions of Article 11.1 shall then apply to the said claim.

 

10.3 Delivery costs

 

Delivery charges will be determined according to the characteristics (nature, volume, etc.) of the Products and the delivery method.

These costs are mentioned on the Site at the time of confirmation of the Order.

These costs are paid by the Customer at the time of placing the Order.

 

10.4 Delivery time

 

Indicative delivery times are mentioned on the Site when the Order is confirmed, depending on the delivery method chosen by the Customer, with the exception of certain bulky products, in which case the carrier will contact the Customer to inform them of the delivery time.

 

The Seller shall inform the Customer of any foreseeable delay in delivery by any means of communication.

In any case, the products are delivered within a maximum of 60 days from the confirmation of the order.

 

If this maximum period is exceeded by more than 7 days, the Customer may terminate the sales contract concluded with the Seller by registered letter with acknowledgement of receipt.

In this case, the Seller shall reimburse the Customer for the amount of the Products concerned within 14 days of receipt of the registered letter at the latest.

 

10.5 Limit of liability

 

The Seller shall not be held responsible for delays resulting from the fault or action of the Customer and in particular in the event of an error or delay on the part of the Customer in providing the necessary information, or in the event of force majeure as recognised by the case law of the French courts.

 

In the event that the Customer entrusts the receipt of the Products to a third party, the latter shall receive the Products in the name and on behalf of the Customer and shall therefore be liable in this respect. They must take all necessary care of the products received as if they were the recipient personally.

 

ARTICLE 11 – RETURN OF GOODS

 

11.1 General terms of return

 

The Customer may request the return of the Products purchased from the Seller by contacting the Customer Service Department by email at the following address: info@aquachiara.com.

Upon receipt of this request, the Seller will process the request and communicate its agreement or refusal to return the goods.

 

The Seller will contact the Customer to agree on how to return the Product.

In any case, the return of a Product can be accepted under the following conditions:

 

• the returned Product must not have been used, must be intact, not expired, in perfect condition and in its original packaging.
• The Product must be returned in its entirety, i.e. with all of its accessories, warranty coupons, manual, cover, etc. A product sold in a set can only be returned with all of the products making up the set, it being understood that a set is made up of a set of identical or different products sold under the same packaging and as a single sales unit.
• The return must be accompanied by the Seller's return agreement.
• The return of dangerous Products cannot be accepted by the Seller.

 

Subject to compliance with the above conditions and the Seller's acceptance, the Product shall be returned by the Customer at their own expense.

 

The price of the Product is then reimbursed to the Customer after deduction of any promotion.

This right of return under the conditions set out above is contractual and does not deprive the Customer of their legal rights, particularly with regard to the right of withdrawal defined below for consumer Customers.

 

The Customer shall ensure that the product is contained in packaging suitable for transport.

11.1 Retour pour non-conformité ou erreur de livraison

 

En cas d’erreur de livraison sur la référence du Produit commandé ou de non-conformité apparente avérée, le Client peut retourner le produit concerné ou le Vendeur fait appel à un transporteur afin de reprendre le Produit au lieu de livraison du produit.

Les frais de retour sont à la charge du Client.

 

 

ARTICLE 12 – RETURN OF GOODS FOR WITHDRAWAL

 

12.1 Withdrawal period :

 

In application of article L 121-21 of the Consumer Code, the consumer Customer has the possibility of changing their mind and withdrawing within a period of 14 days from receipt of the ordered Products.

In the case of multiple orders, the withdrawal period shall run from the date of receipt of the last Product.

Where this period expires on a weekend, public holiday or non-working day, it shall be extended until the next working day.

 

12.2 How to exercise the right of withdrawal

 

In order to ensure that product returns are handled correctly, the Customer is invited to inform the Seller in advance of their wish to exercise their right of withdrawal in the following manner: By contacting the Customer Service Department, which will inform the Customer of the means of exercising their right of withdrawal.

 

The cost of returning the goods is borne by the Customer.

 

12.3 Conditions for the right of withdrawal

 

The Customer must in any event provide precise information enabling them to be identified and the Product concerned to be identified.

The Product must be returned within 14 days of the sending of the complaint, under the conditions indicated in article 11 in the general conditions of return, accompanied by the duly completed withdrawal form or any other written document clearly expressing the desire to withdraw.

 

12.4 Effect of the right of withdrawal

The Customer will be reimbursed for the amount of the Product ordered with a deduction of 10% of the amount of the order corresponding to the processing costs.

The Customer shall be reimbursed for the outward transport costs of the Order, provided that the withdrawal concerns all the Products covered by the Order.

The refund will be made as soon as possible, after receipt and technical verification by the Seller's services of the returned products, and at the latest 14 days following the date on which the Seller is informed of the Customer's decision to withdraw.

However, repayment may be deferred until the goods are recovered.

The refund will be made by the same means used by the Customer for the original transaction.

 

ARTICLE 13 – RETENTION OF TITLE AND TRANSFER OF RISKS

 

Ownership of the delivered Products shall not pass to the Customer until full payment of the price of the Products, both in principal and in accessories, has been made.

Failure to pay within the stipulated period may result in the Seller's immediate reclamation of the Products.

In the event that the Customer resells the Products to a third party purchaser before full payment has been made, the Customer shall inform the third party purchaser of the existence of this retention of title clause and shall inform the Seller in writing in order to enable the Seller to exercise its right of claim against the third party purchaser.

However, the risk of loss, theft or deterioration of the Products will be transferred to the Customer as soon as they are made available, as well as any damage caused by the Products as soon as they are made available.

 

 

ARTICLE 14 –RESOLUTORY CLAUSE

 

In the event that the Customer fails to comply with any of its obligations, in particular the payment of the price on the due date, the Seller may, eight (8) days after a formal notice by registered letter with acknowledgement of receipt has remained unanswered, consider the Order terminated by operation of law to the detriment of the Customer without prejudice to any damages.

 

 

ARTICLE 15 – LATE PAYMENT

 

In the event that the Seller grants the Customer a payment delay by way of exemption, any delay in payment in relation to the agreed payment date shall automatically entail the application of late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, payable on the day following the payment date indicated on the invoice in the event that the sums owed are paid after this date.

The rate applicable during the first half of the year in question is the rate in force on 1 January of that year.

For the second half of the year concerned, the rate applicable is that in force on 1 July of the same year.

In addition, any professional who is in arrears with their payment is automatically liable to pay the Seller a fixed indemnity for collection costs of 40 euros.

If the collection costs incurred exceed the amount of this fixed compensation, the Seller may request additional compensation, upon justification.

The Seller reserves the right to suspend or cancel any order and/or delivery, whatever its nature and level of execution, in the event of non-payment of any sum due by the Customer or in the event of a payment incident.

 

 

ARTICLE 16 – GARANTIES ET RESPONSABILITÉ

 

16.1 Commercial guarantee of the Products

 

The commercial guarantee of the Products (excluding consumables) corresponds to that granted by the manufacturers of the Products.

This guarantee is indicated, if applicable, on the Product item sheet or technical data sheet.

These warranties are valid subject to normal and proper use of the Products and compliance with the manufacturers' recommendations, and except in the case of force majeure as recognised by the jurisprudence of the French courts.

In any event, the Seller's liability shall be limited to the amount of the Order, to the exclusion of any other compensation of any kind, and in particular to the exclusion of compensation for any immaterial loss that may be the direct or indirect consequence of the defect in the Products.

For any information on the commercial guarantees applicable to a Product, the Customer is invited to contact Customer Services.

In order to benefit from the commercial guarantee of the Products, the purchase invoice must be kept.

The Seller shall not be held liable if the manufacturer refuses to apply its warranty for the legitimate reasons set out above.

16.2 Legal guarantee of the Products

 

Independently of any commercial guarantees and after-sales services granted to the Customer, the Seller remains bound by the legal guarantee of conformity mentioned in articles L. 211-4 to L. 211-13 of the Consumer Code with respect to Consumer Customers, and that of defects in the thing sold under the conditions provided for in articles 1641 to 1648 and 2232 of the Civil Code with respect to all Customers, worded as follows

 

Article. L. 211-4 of the Consumer Code: "The seller is obliged to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. It shall also be liable for any lack of conformity resulting from the packaging, the assembly instructions or the installation when the latter was made its responsibility by the contract or was carried out under its responsibility.”

 

Article. L. 211-5 of the Consumer Code: "To be in conformity with the contract, the goods must: "To be in conformity with the contract, the goods must:

1° Be fit for the purpose usually expected of similar goods and, where appropriate:

- correspond to the description given by the seller and have the qualities that the seller has presented to the buyer in the form of a sample or model;

- have the qualities that a purchaser may legitimately expect, having regard to the public statements made by the seller, the manufacturer or its representative, in particular in advertising or on labelling;

2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the seller's attention and accepted by the latter.”

Article. L. 211-12 of the Consumer Code: "The action resulting from the lack of conformity shall expire two years from the delivery of the goods.”

 

Article. 1641 of the Civil Code: "The seller is bound by the guarantee for hidden defects in the thing sold which render it unfit for the use for which it was intended, or which so diminish that use that the buyer would not have acquired it, or would only have given a lower price for it, if he/she had known about them.”

 

Article. 1648 al.1 of the Civil Code: "The action resulting from redhibitory defects must be brought by the purchaser within two years of the discovery of the defect.”

In the case provided for by Article 1642-1, "the action must be brought, on pain of foreclosure, within one year of the date on which the seller may be relieved of the defects or apparent lack of conformity."

 

In the event of a lack of conformity or defect in the product, the Customer shall inform the Seller in writing of the defects found by contacting Customer Service.

If the lack of conformity or the defect is proven, the Seller will proceed, according to the law in force, to the exchange, the repair, or the refund of the product.

The cost of returning the product will be reimbursed to the Customer, with proof, after the product has been returned

 

16.3 Implementation of the guarantee

 

For the legal or commercial guarantee, any Product return must be made under the conditions of article 11.

Any guarantee coupon must be attached to the returned product.

 

The legal warranties will only come into play if the Customer makes the request within 24 months of the delivery of the Product (for the legal warranty of conformity) or of the discovery of the defect (for the legal warranty of hidden defects).

Defects in conformity which appear within 24 months of delivery shall be presumed to have existed at the time of delivery, unless proven otherwise.

In the event of a recognised non-conformity of a Product sold by the Seller, the Customer may choose between repairing or replacing the Product, unless one of these choices would result in a manifestly disproportionate cost for the Seller. If repair or replacement of the Product is not possible, the Customer may obtain a refund of the price paid and return the Product or keep the Product and obtain a refund of part of the price, unless the lack of conformity is minor.

In the event of a hidden defect recognised in a Product sold by the Seller, the Customer shall have the choice of returning the Product and having the price and costs incurred in the sale refunded or keeping the Product and having part of the price refunded.

In all cases, it shall be up to the Customer to prove that they meet the conditions of the guarantee.

 

ARTICLE 17 – USE AND MODERATION OF REVIEWS ON WWW.AQUACHIARA.COM

 

17.1 Presentation

 

By giving a review of a Product on www.aquachiara.com, the Customer fully accepts, without reservation, the present charter of use, and undertakes to respect it when publishing each of their reviews.

The Customer undertakes first and foremost to comply with the general terms and conditions of sale (and in particular the general provisions, accessibility, intellectual property, responsibility and conservation of personal information and cookies).

 

17.2 Access to reviews

 

Access to the posting of Product reviews is limited to Customers who have purchased the said Product at least once.

Users of www.aquachiara.com who have not purchased the Product may not post a review of the Product.

In order to post a review, the Customer must also be logged in with their customer account.

 

17.3 Number of reviews

 

A Customer may post as many reviews as he/she wish, but is limited to posting only one review per product, including during the moderation period and if his/her review is invalidated in advance or retrospectively (see moderation paragraph).

 

17.4 Modification and deletion of reviews

 

A Customer who has posted a review cannot modify or delete their own review.

The user can make a specific request for modification or deletion to AQUACHIARA by sending an email to info@aquachiara.com.

 

17.5 Moderation of reviews

 

The product reviews area is moderated in advance in order to ensure pleasant and informative use of the product pages. The Customer's review will only appear in the review area once the review has been checked and validated by the moderator.

Moderation can take up to 72 hours (working days).

By posting a review, you acknowledge that the moderator may monitor the reviews and remove any review at any time, either in advance or retrospectively

In particular, the moderator may delete at their discretion any review that is contrary to what is stipulated in the "content" and "users' rights and duties" paragraphs, or that the moderator deems not to be in keeping with the spirit of exchange and conviviality that characterises www.aquachiara.com.

The moderator reserves the right to justify by e-mail to the Customer the refusal or approval of their review.

In the event of a review requiring a customer follow-up (delivery, invoicing, order return, etc.), the moderator undertakes to transfer the review to AQUACHIARA's customer service department.

Follow-up of the request is then governed by the commitments of the general terms and conditions of sale available on http://www.aquachiara.com/cgv.

 

17.6 Content of reviews

 

By posting a product review on www.aquachiara.com , you agree to give your opinion on the product and only the product.

Reviews relating to delivery, price, packaging and any other aspect of the offer may be refused in advance.

Product reviews include, but are not limited to:

 

• The quality of the Product attributes
• The feel and user-friendliness of the product
• A supplement to the Product description that may help other buyers to inform themselves before placing their order.

17.7 Rights and duties of customers posting a review

 

By posting a product review on www.aquachiara.com, you undertake in particular to ensure that the content of your contributions complies with the laws and regulations in force, is not contrary to public order or good morals, and does not infringe the rights of any person.

In this respect, you are prohibited from posting reviews whose content is contrary or likely to be contrary to public order, good morals or the laws and regulations in force.

In this respect, the following are prohibited, without this list being exhaustive:

• Contributions of an abusive, denigrating, defamatory, offensive, illegal, obscene, pornographic or paedophilic nature;
• Contributions of a political nature or inciting violence, suicide, revisionism, anti-Semitism;
• Contributions that glorify war crimes or crimes against humanity;
• Contributions calling for murder or inciting the commission of an offence;
• Contributions that incite discrimination or hatred.
• Would be offensive, rude, vulgar, or likely to offend the sensibilities of minors;
• Would correspond to the exercise of a commercial activity. In this respect, the following are prohibited, without this list being exhaustive: Contributions containing a hypertext link to a commercial site; Contributions in the nature of advertisements.
• Would infringe or be likely to infringe the rights of third parties and rights relating to personality. In this respect, the following are prohibited, without this list being exhaustive: Contributions that reproduce without authorisation a work or a contribution protected by intellectual property rights (trademarks, copyright and related rights). Contributions that infringe image rights or the right to privacy; Contributions that infringe the protection of the personal data of a third party.
• Would or could damage the image or reputation of a brand or a natural or legal person

Similarly, by posting a review of a Product, you agree to abide by the following rules:

• Your contributions must respect the courtesy necessary for a neutral reading of the review
• Your contributions should use correct and understandable language
• Your contributions should not be repetitive

 

17.8 Reporting a review

 

Every user can at any time, if another Customer’s review infringes their rights, report it to AQUACHIARA by writing to info@aquachiara.com.

 

17.9 Referencing of reviews

 

Customers posting a review are aware that the review area is a public discussion area.

As such, the reviews can be viewed by all other users of the www.aquachiara.com website.

Similarly, customers are fully aware that published reviews may be referenced on a search engine, and are therefore likely to be viewed by an audience outside the www.aquachiara.com website.

 

17.10 Copyright on reviews

 

All customers must respect the intellectual property rights of the authors.

In particular, they must ensure that they do not reproduce and/or disseminate on other pages the reviews published on www.aquachiara.com by other customers, without the latter's prior agreement.

Every Customer authorises AQUACHIARA to reproduce, publish and distribute, in whole or in part, on any medium and for any use, the reviews they have left on www.aquachiara.com.

This authorisation is valid worldwide and for the duration of the copyright.

The customer guarantees to AQUACHIARA that they hold all the necessary rights to authorise the reproduction, publication and distribution of the reviews they post online.

In this respect, the user guarantees AQUACHIARA against any recourse or claim that could be exercised by third parties with regard to its reviews.

 

17.11 Changes to reviews

 

The terms and conditions of access, use and moderation of reviews may change, which does not prevent the application of this charter. It is the responsibility of customers to read this policy regularly.

 

 

ARTICLE 18 – WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT

 

According to the decree n°2005-829 of 20 July 2005 concerning the disposal of electrical and electronic equipment, in order to contribute to the protection of the environment, each Product concerned must be collected and processed at the end of its life.

At the Customer's request, the Seller shall indicate a place of deposit or a specialised waste treatment plant or any other place suitable for collecting such waste.

 

 

ARTICLE 19 – PERSONAL DATA

 

The information and data communicated to the Seller by the Customer or collected via the use of the Site are necessary for the proper management of the Customer's order and the management of the Customer's commercial relationship with the Seller, and contribute to improving the quality of the products and services offered.

The Customer consents to the use of this data by the Seller.

The processing of personal data provided by the Customer complies with the French Data Protection Act of 6 January 1978 and the European General Data Protection Regulation n°2016/679 (hereinafter the "GDPR").

 

 

ARTICLE 20 –NON-WAIVER

 

The fact that the Seller does not avail itself at any time of any provision of these general terms and conditions of sale shall not be considered as a waiver by the Seller of the rights arising from the said clause. Furthermore, the cancellation of any of the provisions of these terms and conditions, for whatever reason, does not entail the cancellation of the other provisions of the general terms and conditions of sale.

 

 

ARTICLE 21 – LAW AND JURISDICTION

 

All orders for Products, as well as these GTC which form an integral part of them, are subject to French law.

In the event of a dispute, the French courts will have exclusive jurisdiction. However, pursuant to EC Regulation 593/2008 of 17 June 2008, these GTC shall not prevent the application of a provision more favourable to the Customer, which cannot be derogated from by agreement, under the law of the country in which the Customer has their habitual residence.

 

In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the consumer Customer may use a conventional mediation procedure or any other alternative dispute resolution procedure.

 

In accordance with order no. 2015-1033 of 20 August 2015 and application decree no. 2015-1382 of 30 October 2015, any so-called consumer dispute or litigation, subject to article L.612-2 of the Consumer Code, may be settled amicably by mediation with the CMAP - Centre de Médiation et d'Arbitrage de Paris.

To submit a dispute to the mediator, the Client may (i) fill in the form on the CMAP website www.cmap.fr “you are: a consumer” tab (ii) send their request by regular or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS, or (iii) send an email to consommation@cmap.fr.

 

Regardless of the means used to refer the matter to the CMAP, the Customer's request must contain the following elements in order to be processed promptly: their postal, email and telephone contact details as well as the full name and address of the Seller, a brief statement of the facts, and proof of prior contact with the Seller.

 

Notwithstanding the above, in the event of a dispute, and in accordance with Regulation 1215/2012 of 12 December 2012:

- the Customer may bring the matter before either the court of their domicile or the French courts,

- the Seller may refer the matter to the court in the Customer's place of residence