CGV | Aquavie Technologie

General Terms and Conditions of Sale

AQUAVIE TECHNOLOGIE

1. SCOPE OF APPLICATION

These General Terms and Conditions of Sale apply, without restriction or reservation, to all sales concluded by the company “AQUAVIE TECHNOLOGIE”, SARL whose registered office is located at Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS, RCS Montpellier no. 833 861 248 (hereinafter the “Seller”) with professional and individual buyers (hereinafter the “Clients” or the “Client”), wishing to acquire the products offered for sale by the Seller (hereinafter the “Products”) as listed in the Appendix.
They specify in particular the conditions of ordering, payment, delivery and the management of any returns of the Products ordered by the Clients.
The General Terms and Conditions of Sale may be supplemented by specific conditions or a quote or purchase order submitted to the Client for acceptance prior to any transaction with them.
These General Terms and Conditions of Sale apply to the exclusion of all other conditions, and in particular those applicable to sales in stores or through other distribution and marketing channels.
As the General Terms and Conditions of Sale may be subject to later modifications, the version applicable to the Client’s purchase is the one in force on the date the order is placed / the date of signature of the quote/purchase order or specific contract by the Client.

2. PRODUCTS OFFERED FOR SALE

The Products offered for sale are those identified in the current catalogue or on the website www.aquavie-technologie.fr. This list is subject to change and may be updated depending on the Products offered and available stocks.
The main characteristics of the Products, including specifications, illustrations and indications of dimensions or capacity of the Products, are presented in the current catalogue or on the website www.aquavie-technologie.fr.
The Client is required to read them before placing any order and before signing any quote/purchase order or specific contract.
The choice and purchase of a Product is the sole responsibility of the Client.
The photographs and graphics presented, whether in the current catalogue or on the website www.aquavie-technologie.fr, are not contractual and shall not engage the Seller’s liability.
The Client must refer to the descriptions and instructions of each product to learn about its properties, essential features and delivery times, as well as, in the case of continuous or periodic supply of a good, the minimum duration of the proposed contract.
The contractual information is presented in French and is confirmed at the latest at the time the order is validated by the Client.
The Products are offered for sale via an order process without geographical limitation.
In the case of an order to a country other than mainland France, the Client is the importer of the Product(s) concerned.
For all Products shipped outside the European Union and French overseas territories, the price will automatically be calculated excluding taxes on the invoice.
Customs duties or other local taxes, import duties or state taxes may be due. They shall be borne by and are the sole responsibility of the Client.

3. VALIDITY PERIOD OF THE PRODUCT OFFER

Product offers are valid within the limits of available stocks. By countersigning or validating the purchase order/specific contract by email, the seller nevertheless guarantees the client the availability of the Product they order.

4. SELLER’S CONTACT DETAILS

The Seller’s contact details are as follows:
SARL “AQUAVIE TECHNOLOGIE”
SIREN: 833 861 248
Registered office: Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS
Email address: info@aquavie-technologie.fr
In accordance with the French Data Protection Act of 6 January 1978, strengthened and supplemented by the GDPR (General Data Protection Regulation) which came into force on 25 May 2018, the client has, at any time, as indicated below, the right of access, rectification, objection, erasure and portability of all their personal data by writing, by mail and providing proof of identity, to the Seller’s address mentioned above.
It is specified that a minor may give consent alone for the processing of personal data from the age of fifteen.
For minors under the age of fifteen, dual consent is required: that of the minor and that of the guardian holding parental authority.
The placing of the order by the Client, materialised by the signature of the quote/purchase order or specific contract, constitutes acceptance without restriction or reservation of these General Terms and Conditions of Sale.
The Client acknowledges that they have the required capacity to contract and acquire the Seller’s Products.

5. ORDERS

5.1 Placing the order

Sales of products shall only be deemed final after the client has signed the quote/purchase order or specific contract proposed by the seller.
For orders placed exclusively by e-mail, the client’s signature on the quote/purchase order shall constitute acceptance of these General Terms and Conditions, which will also be attached to the email sent to the Client.
For orders placed on the seller’s website, acceptance of the order will be preceded by the acceptance of the specific General Terms and Conditions of Sale and Use of the website, which must be accepted by the client on the site before placing the order.

5.2 Modification of the order

Any modifications to the order requested by the Client will only be taken into account, within the limits of the Seller’s possibilities, if they are notified in writing (letter, e-mail…) at least SEVEN (7) calendar days before the scheduled delivery date of the ordered Products.
In any event, modification of the order will require the Provider’s agreement and the Client’s signature of a specific purchase order/quote with possible price adjustment.
The Seller therefore always reserves the right to refuse the modification of an order previously accepted by the Client.

5.3 Refusal of the order

The Client’s order may be cancelled by the Seller, for any reason whatsoever, for example due to a lack of information necessary for delivery, a supply difficulty for a product, or an order placed by an insolvent client or a client who has previously had a conflict in relation to an earlier order. The Client will be informed of this by the Seller.

5.4 Deposits

The purchase order/quote or specific contract may provide, depending on the nature, quantity of orders and negotiations between the Parties, a deposit to be paid under the conditions set out in the quote/purchase order/specific contract submitted for the Client’s signature. The final invoice will indicate the deposits already paid.
In the event of termination of the order/contract, the deposit will only be retained by the Seller if the termination results from a fault of the Client.

6. PRICES

Orders are placed on the basis of the Seller’s prices in force on the day the order is placed, according to the price list/rates stated in the quote/purchase order previously submitted for the Client’s acceptance, as indicated in the “Orders” section above, or according to the price stated in the Special Terms and Conditions of Sale or in a specific Contract.
The Seller specifies that the prices of the Products listed in the Appendix are those in force as of 1 January 2023 and that prices may change on 1 January of each calendar year. The Client therefore acknowledges and accepts that the applicable prices shall be those stated on the quote/purchase order at the time of placing the order. Indeed, the prices in the Appendix may change, in particular due to the evolution of the cost of raw materials, the cost of the Seller’s suppliers…
The Client may request the new price appendix before 1 January each year to know the prices for the following year. In any event, the new prices will be indicated on the quote/purchase order. The Client who refuses the price changes may choose not to place an order.
Prices are indicated net and including VAT.
An invoice is issued by the Seller and provided to the Client for each order, unless the Special Terms and Conditions, a Contract or a specific quote provide otherwise.

7. PAYMENT TERMS

7.1 Payment deadlines

Unless specifically stated in the Special Terms and Conditions, the signed quote or purchase order, or a specific Contract, the price is payable at the time the order is placed, in full, by bank transfer, credit card, or within THIRTY (30) calendar days (if granted by the Seller) at the latest after the invoice is issued, which will be issued upon delivery of the order.
If a deposit is paid when placing the order, this deposit is payable at the time of ordering and the balance is payable within THIRTY (30) calendar days (if granted by the Seller) at the latest after the final invoice is issued. The deposit paid will be deducted from the final invoice.
The Seller shall not be required to deliver the Products ordered by the Client if the Client has not paid the deposit provided for in the quote/purchase order or specific contract.
The Seller undertakes to provide the Client with its bank details and any changes to said details for the payment of orders.
Any form of payment other than bank transfer must be subject to special approval by one of AQUAVIE TECHNOLOGIE’s managers.

7.2 Late payment penalties

In the event of late payment and late remittance of sums due by the Client (late remittance of the deposit from the signature of the quote/purchase order, or late payment of any remaining amounts beyond the payment deadline set out in the invoice sent to the Client), a late penalty equal to 10% of the net amount excluding VAT of the sums due shall apply for each month of delay. This penalty shall be automatically and lawfully acquired by the Seller, without any formality or prior notice. An additional fixed compensation of €40 for recovery costs shall also apply.
Late payment shall also render immediately payable all sums owed to the Seller by the Client, without prejudice to any other action the Seller may be entitled to take against the Client.
In case of non-compliance with the payment conditions set out above, the Seller further reserves the right to terminate the sale and/or suspend and/or cancel delivery of the Products ordered by the Client and/or cancel any commercial discounts, rebates or reductions granted to the Client.
Any unjustified payment rejection following a bank transfer, cheque or draft (if AQUAVIE TECHNOLOGIE accepted these two latter payment methods in writing) will result in an additional charge to the Client of €40 excluding tax corresponding to bank and processing fees.
AQUAVIE TECHNOLOGIE does not accept deductions from payments without a corresponding existing credit note. In the event of a voluntary deduction from a payment without the accounting document allowing it, an administrative management fee of €15 excluding tax per file will be charged to the Client.
In the absence of a written agreement in force between the Parties for the current calendar year, AQUAVIE TECHNOLOGIE does not grant any discount for early payment or payment upon receipt of invoice.
A credit note issued is valid for a maximum of 12 months from its issue date as stated on the document.

7.3 No set-off

Unless expressly agreed in advance in writing by the Seller and provided that reciprocal claims and debts are certain, liquid and due, no set-off of any kind may validly be made between the reciprocal claims and debts of the Seller and the Client, and in particular between any penalties for delay in the delivery of Products ordered or non-compliance with the order, on the one hand, and the sums owed by the Client to the Seller for the purchase of said Products, on the other hand.

8. DELIVERIES

8.1 General rules

The Products ordered by the Client will be delivered in mainland France, including Corsica.
Outside mainland France, the Client is invited to contact the Company to find out whether it delivers to the destination address. If so, the delivery terms will be indicated on the purchase order / quote or specific contract to be signed. By default (and unless otherwise stated in the purchase order / quote or specific contract), transport costs are not included in the sale price for goods delivered outside mainland France (free shipping not applicable). All prices are ex-works France or French border. For delivery to countries outside the European Union, transport is managed by the Client through a freight forwarder.
Delivery times are indicated on the quote / purchase order or specific contract submitted for the Client’s acceptance.
The Client is informed that the delivery time indicated on the quote / purchase order / specific contract is given for information purposes only and is not guaranteed; the Seller undertakes to contact the Client to inform them of any delay and to agree on a new delivery date.
Consequently, and unless otherwise provided by law, any reasonable delay in the delivery of the Products shall not entitle the buyer to:

• claim damages;
• cancel or terminate the order.

The Seller’s liability cannot be invoked if the non-performance or delay in the performance of any of its obligations described in these General Terms and Conditions of Sale results from a case of force majeure (force majeure meaning any external, unforeseeable and irresistible event within the meaning of Article 1148 of the French Civil Code) or from the carrier’s actions, or from an error by the Client in the information provided when placing the order.
The Seller undertakes to make its best efforts to ensure the delivery of the Products ordered by the Client within the indicated timeframes.
If the indicative delivery date is exceeded by more than SEVEN (7) days, and except in cases of force majeure or where the Client is responsible, the Client may terminate the order in accordance with legal procedures, after unsuccessfully requesting the Seller to perform its obligation within an additional reasonable period, by registered letter with acknowledgment of receipt.
Deliveries are made to the delivery address indicated by the Client on the purchase order/contract or by email sent to the Seller.
In France, if no one is available at the Client’s address to receive the delivery despite attempts, the carrier will leave a delivery notice in the mailbox inviting the Client to contact them to arrange a new delivery date. In this case, the Client waives all penalties or actions against the Company.
Abroad, if no one is available to receive the delivery, the Client will collect the delivery at the local transport agency. Depending on the country, the carrier may leave a delivery notice in the mailbox inviting the Client to call back to arrange a new delivery date.
If delivery to the Client is impossible due to their own fault (absence, failure to collect the parcel after a delivery notice…), the Client will lose their contribution to the shipping fees, and return costs will be deducted from the refund of the item. If the Client wishes a new delivery, new delivery fees must be paid.
Unless otherwise stated on the quote/purchase order or specific contract, the Seller undertakes to ship the Product within SIX (6) working days from the order and in any case after receipt of the deposit payment (if a deposit is required).
In the case of a pre-order for an unavailable Product, delivery will take place as soon as the Product becomes available.
It is also specified that certain deliveries will be subject to specific conditions depending on the geographical zones, which will be communicated to the Client by any means when placing the order.
Unless in special cases or due to unavailability of one or more Products, the Products ordered will be delivered in a single shipment.
Delivery, defined as the transfer to the Client of physical possession or control of the Product, does not include commissioning of the Products.
In case of non-conformity of the delivered Product, the Seller undertakes to remedy it or reimburse the Client, as indicated in the section “Seller’s Liability – Warranty” below.
The Seller bears the transport risks and must reimburse the Client in case of damage caused during transport, provided they are properly recorded on the carrier’s delivery slip and reported in accordance with Article 9 below.

8.2 Shipping – Delivery

Shipping costs are borne by the client and will be invoiced as follows:

0kg ≤ Total order weight ≤ 30kg: €25 excluding tax in transport fees

30kg ≤ Total order weight ≤ 60kg: €45 excluding tax in transport fees

60kg ≤ Total order weight ≤ 100kg: €60 excluding tax in transport fees

100kg ≤ Total order weight: €80 excluding tax in transport fees

9. TRANSFER OF OWNERSHIP – TRANSFER OF RISKS

The transfer of ownership of the Products from the Seller to the Client shall occur only after full payment of the price by the latter, regardless of the delivery date of said Products.
The goods travel at the Client’s risk. It is the Client’s responsibility to check the condition and quantity of goods received on the day of delivery in the presence of the delivery person, ESPECIALLY FOR DELIVERIES OF GLASS ITEMS. In the event of damage, the Client (or the designated recipient) must record it on the carrier’s delivery slip. It is mandatory to note the references of the broken items and indicate the quantities. WARNING: the mention “SUBJECT TO INSPECTION AND BREAKAGE UPON UNPACKING” has no value.
The Client (or recipient, if different) is invited to indicate the following comments: “Broken, unsellable”; “Crushed, damaged”; “Open pallet.” In case of missing items upon delivery, you must report it to us by email at info@aquavie-technologie.fr within a maximum of 24 hours after the delivery date; otherwise, no adjustment will be possible.

10. SELLER’S LIABILITY – WARRANTY

The Products sold comply with current French regulations.
The Products supplied by the Seller benefit, by right and without additional payment, in accordance with legal provisions:

the legal warranty of conformity, for Products that are apparently defective or do not correspond to the order, provided the Client proves that the goods do not comply with the contractual stipulations / do not conform to the order,
the legal warranty against hidden defects resulting from a material, design or manufacturing defect affecting the delivered products and rendering them unfit for use.

To assert these rights, the Client must inform the Seller in writing of the non-conformity of the Products within a maximum of SEVEN (7) days from delivery of the Products or from the discovery of hidden defects within the deadlines mentioned above, and return the defective Products in the condition in which they were received with all elements (accessories, packaging, instructions, etc.).
The Seller will refund, replace, or repair the Products or parts under warranty deemed non-compliant or defective.
Shipping costs will be refunded based on the price invoiced, and return costs will be reimbursed upon presentation of proof.
Refunds for Products deemed non-compliant or defective will be made as soon as possible and no later than THIRTY (30) days following the Seller’s confirmation of the defect or non-conformity.
The refund will be made by bank transfer to the Client’s account or by cheque sent to the Client.

The Seller’s liability cannot be engaged in the following cases:

non-compliance with the legislation of the country where the Products are delivered, which it is the Client’s responsibility to verify,
improper use, negligence, or lack of maintenance by the Client, as well as normal wear and tear of the Product, accident, or force majeure.

The Seller’s warranty is, in any case, limited to the replacement or reimbursement of Products that are non-compliant or affected by a defect.
The legal warranty of conformity applies independently of any commercial warranty that may be granted.

To enforce these legal warranties, the Client must contact Customer Service:
By email: info@aquavie-technologie.fr
Or by mail: “AQUAVIE TECHNOLOGIE”, Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS.

11. AFTER-SALES SERVICE – RETURN OF GOODS

Any item subject to a warranty claim (in accordance with the legal warranties described in the previous article or under any commercial/contractual warranty granted to the Client by AQUAVIE TECHNOLOGIE) must be returned with its receipt or purchase invoice or warranty card with stamp and purchase date, at the Client’s expense.
In the event that a credit note or exchange is to be issued, it will only be made after receipt of the item concerned or approval from the brand for after-sales service.
The exchange or return of the item for after-sales service is carried out during an order and at the Client’s address.

Case of returned goods or claims due to expired products: Items delivered with a use-by date (DLC) of less than 1 month must be reported within 7 days following delivery for a full return; otherwise, the item will not be refunded.
WARNING: any claim concerning items sold at a promotional price due to short DLC (indicated on the delivery slip line) or items sold as clearance will not be accepted.

Case of claims for broken item(s): Any item subject to such a claim is accepted only if it was reported (quantity and reference) on the carrier’s signed delivery slip; otherwise, the claim will not be considered.

All after-sales or claim requests must be made by email to info@aquavie-technologie.fr.
Any request made otherwise or to another address may not be taken into account.

12. TERMINATION – TERMINATION CLAUSE

Each sales contract resulting from the acceptance of these General Terms and Conditions, and which will be concluded between the Seller and the Client under Special Terms and Conditions of Sale or via a specific Contract or via a specific purchase order or quote, may be terminated early by either Party if the other fails to fulfill its commitments as defined in these General Terms and Conditions.
In this case, the Party claiming non-performance by the other Party must, by registered letter with acknowledgment of receipt expressing its intention to invoke this clause, formally request the other Party to fulfil its obligations and grant it a period of THIRTY (30) days to comply.
If no remedy is provided within this period, this termination clause shall apply automatically and the relevant service contract shall be terminated at the end of the above-mentioned period.
The defaulting Party may be required to compensate the other Party for the damage suffered.

13. INTELLECTUAL PROPERTY RIGHTS

The Seller remains the owner of all intellectual property rights over the AQUAVIE TECHNOLOGIE logo/Brand and/or any distinctive signs belonging to the Seller and appearing on the Products it sells.
The Client is therefore prohibited from any reproduction or use of said rights and materials on which they appear without the express, written and prior authorization of the Seller, who may make such authorization subject to financial compensation.

Furthermore, the Seller shall remain the sole owner of the elements present on its website or related to its Products (including texts, images, the AQUAVIE TECHNOLOGIE logo…), which are protected by French and international laws relating to intellectual property.

The Client is therefore prohibited from copying, reproducing, distributing all or part of the intellectual property rights belonging to the Seller, in any form whatsoever, unless express prior authorization has been granted by the Seller.

The Seller reminds that any infringement of its intellectual property rights may incur the liability of the offender and may result in legal action.

14. PERSONAL DATA

14.1 Processing of personal data

The sale of the Seller’s Products involves the collection and processing of the Client’s personal data.
The Seller specifies that the Client’s personal data (including names, delivery addresses, email, telephone, etc.) will be stored under the conditions detailed below.
Based on the regulations in force, the Seller informs the Client that their data will be recorded and processed in accordance with the provisions of the French Data Protection Act no. 78-17 of 6 January 1978.
The Client is therefore informed that their data will be processed in order to allow, generally speaking, the provision of the Seller’s Services as part of the sale of Products.

It is specified that the processing of the Client’s personal data carried out by the Seller (collection, storage, archiving, mailing, commercial correspondence, etc.) must comply with the provisions of Regulation (EU) 2016/679 – the “GDPR,” as well as any other law or regulation applicable to the processing of personal data.

To this effect, the Seller undertakes to:

Collect and process personal data with the Client’s prior authorization and after informing them of how this data will be used;
Collect and process personal data solely for storage, archiving, commercial emails…;
Implement all necessary technical and organizational measures, including measures adapted to the type of personal data collected and processed and to the risks presented by the processing. This will include, as far as possible:
o The confidentiality of the data;
o The restoration of data availability and access within appropriate timeframes in case of a physical or technical incident, as far as materially and legally possible;
o The protection of data against any accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access, especially when data processing involves network transmissions, as well as protection against all forms of unlawful processing or communication to unauthorized persons.
If necessary, subcontract part or all of the personal data processing to reliable service providers;
Process, as far as possible, personal data exclusively within the European Union;
Ensure that their employees, agents, representatives, authorized subcontractors or any person acting on their behalf who has access to personal data comply with the obligations set out herein;
Promptly respond to any request from the Parties to exercise the rights of data subjects (right to modification, correction or deletion, right to object, etc.);
Retain personal data after the end of each service/sale only for a legitimate period and/or a period required by regulation. The personal data collected may not be used by the Seller for any purpose other than those described above. They may not be disclosed, transferred, rented or otherwise assigned.

In the event of changes in the applicable regulations, the Seller and the Client agree to make the necessary adaptations to comply with new requirements.
In the event of a confirmed or suspected personal data breach, the Seller and the Client agree to inform each other as soon as possible after discovery of the breach or suspected breach.

The Seller and the Client may be required to disclose personal data at the request of a court, administrative agency, government authority or under a law, regulation, subpoena, request or any other applicable administrative or legal process, including any formal or informal investigation by a government agency or authority. In such cases, the concerned Party undertakes to inform the other Party as soon as possible.

Unless otherwise provided herein, any unauthorized processing, use or disclosure of personal data is strictly prohibited.

By agreeing to these terms, the Client acknowledges having read the Seller’s data protection policy and consents to the collection and use of their data.

14.2 Exercise of rights related to personal data

The Client (or their beneficiaries) has a right of access, objection and rectification regarding the data concerning them, in accordance with Articles 32 and following of Law no. 78-17 of 6 January 1978 known as “Informatique et Libertés.”
These rights may be exercised by the Client by sending a request either by postal mail to the Seller’s registered office located at Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS, or by email to: info@aquavie-technologie.fr
This request must be accompanied by a copy of an identity document bearing the requester’s signature and must specify the address to which a response may be sent to the Client.

15. APPLICABLE LAW – LANGUAGE

These General Terms and Conditions of Sale and the transactions arising from them are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

16. JURISDICTION CLAUSE

All disputes to which the purchase and sale operations concluded pursuant to these General Terms and Conditions of Sale may give rise, concerning their validity, interpretation, execution, termination, consequences and aftermath, and which could not be resolved between the Seller and the Client, shall fall under the exclusive jurisdiction of the Commercial Court of Montpellier.

17. ASSISTANCE – CONTACT

The Seller provides the Client with a customer support service for any request relating to the Products. To that end, the Client may send an email to the following address: info@aquavie-technologie.fr
More generally, any request concerning these General Terms and Conditions, including requests relating to the Client’s personal data and their rights to rectification or deletion, must be addressed to the Seller, at the Client’s choice:

By email: info@aquavie-technologie.fr
By postal mail: SARL “AQUAVIE TECHNOLOGIE”, Parc Marcel Dassault, 150 rue Amélia Earhart – 34430 SAINT JEAN DE VEDAS.