Terms and conditions of use, sale and warranty
OWNERSHIP OF THE WEBSITE
The website www.piscine-nostress.fr, hereinafter "the Web Shop", is the property of AS Pool whose registered office is at ZAC La Rouvelière 72700 SPAY– France – registered with the Le Mans Registry of Trade and Companies under number 400 916 979802 348 888 and whose VAT number is FR 31 400916979.
These general conditions of use, sale and warranty (GC) apply exclusively to all sales made via the Web Shop and concluded with any person wishing to make a purchase on the Web Shop ("the Customer"). The Customer has read these GC available on the Web Shop and, by placing his order, agrees to unreservedly adhere to them. Confirmation of the order implies acceptance of these GC and acknowledgement of having read them. AS Pool reserves the right to modify these general conditions at any time. In case of modification, the GC accessible on the Web Shop on the day the order is placed will be applied.
The Customer must select Products (hereinafter "Products") on the Web Shop that he wishes to order and formalise his order by following the ordering process described on the Web Shop. The order will be confirmed by AS Pool by sending an email to the Customer. The sale will be considered final from the time this email is sent.
AS Pool accept orders to be delivered in mainland France and Corsica.
AS Pool takes great care concerning the information it posts online relating to the essential characteristics of the Products on sale on the Web Shop. AS Pool therefore undertakes, in accordance with the provisions of Articles L 111-1 et seq. of the Consumer Code, to provide the Customer, before concluding the contract of sale, with the following information which appears on the Web Shop and/or these GC:
• The essential characteristics and prices of Products for sale on the Web Shop
• The delivery deadlines for Products
• The full identity and activities of AS Pool
• The existence and terms of implementation of the legal and commercial Product warranties
• The period of availability of spare parts needed to use the Product(s) sold for the Products legally concerned
• The means of payment accepted by AS Pool and any delivery restrictions
The Customer has easy access on the "product" home page of the Web Shop to the essential characteristics of the Products sold by AS Pool, in accordance with Article L 111-1 of the Consumer Code. The provisions relating to the terms of delivery of Products and the legal warranties are contained in these GC.
PROTECTION OF PERSONAL DATA
AS Pool undertakes to protect the Customer's personal data. All personal data collected concerning him is treated with the strictest confidentiality, in accordance with our data protection policy. The personal data collected from the information entered is used solely to process his order in the best possible conditions, and to propose adapted offers to him. This personal data will never be leased, transferred or sold to third parties, or used for purposes other than the execution of your order. In accordance with the law on information technology, files and freedoms of January 6, 1978, nominative information relating to the Customer may be subject to automated processing. This data will be kept for a maximum of 2 years. Each Customer has a right to access and rectify data concerning him, according to the Law of January 6, 1978.
The automated processing of information, including the management of email addresses of users of the Web Shop was declared to the CNIL on 07/03/2016 and registered under number 1935953 v 0.
The Products offered on the Web Shop, property of AS Pool, are surveillance kits for situations where there is a risk of drowning. This equipment complies with the provisions of French and European legislation. Products are accompanied by photographs illustrating them, it being understood that, for technical reasons, Products may sometimes slightly differ from the photographs shown on the Web Shop. The Customer is therefore asked to refer to the description of each Product to find out the exact characteristics. Product offers are valid for as long as they are shown on the Web Shop within the limit of available stocks: AS Pool does not guarantee the availability of Products in the Web Shop and, with the exception of orders already accepted, reserves the right, without this incurring its liability and without prior notice, to change, interrupt or discontinue the sale of any Product.
COMPATIBILITY AND INFORMATION ON PRODUCTS
Prior to and during the order process, the Customer must ensure that the Products he buys are compatible with their intended use. In this respect, our Web Shop will be the sole reference point to check compatibility. In case of a difference between the content of the Web Shop and any other source of information, the compatibility of Products as shown on the Web Shop at the time of the purchase shall prevail.
The reference payment currency is the Euro. The prices of Products shown on the Web Shop corresponds to the rates in force on the day the order is placed. The prices shown cover the order preparation costs, its specific packaging and delivery to the Customer in mainland France or Corsica. Prices are invoiced in Euros on the basis of the rates in force when the order is placed, subject to any entry errors or changes in the VAT rate. The VAT rate currently applied is 20 %. Invoices are established by AS Pool according to the prices fixed on the Web Shop.
All Products are guaranteed under the conditions of the guarantee of compliance provided for in Articles L 211-4 et seq. of the Consumer Code and the guarantee against hidden defects under Articles 1641 et seq. of the Civil Code.
Under the guarantee of compliance, AS Pool guarantees the compliance of the Product with the Product description shown on the Web Shop. AS Pool is liable for any non-conformities existing upon delivery of the Product. Conformity has the definition given in Article L211-5 of the Consumer Code. Any non-conformities appearing within a period of 1 month from delivery of the Product is presumed to have existed at the time of delivery, unless proven otherwise. In the event of a non-conformity, the Customer shall choose between repair and replacement of the Product. If neither repair nor replacement of the Product is possible, the Customer may return the product and obtain reimbursement of the price or keep the Product and obtain reimbursement of a portion of the price.
Under the legal guarantee for hidden defects, AS Pool guarantees the hidden defects of the Product sold which render it unfit for the use for which it was intended, or which so impair this use that the Customer would not have purchased it, or would only have given a lesser price for it, had he known of them.
In addition, AS Pool provides a commercial warranty which covers, for 1 year from the start of delivery under normal use, any defect or manufacturing defect as compared to the specifications indicated in the Product manual and on the condition that it has been installed and used in accordance with our instruction manual.
The Products sold may contain soft parts so as not to hurt children but may suffer wear due to excessive handling. The Product may show signs of normal wear due to friction and the Customer may order specific replacement parts, at a limited price, without having to order the whole Product.
Excluded from the warranty are all Products that have been:
• Installed and used in a way that does not comply with the user manuals in their Light or Smartphone versions, sent with the Product and which can be downloaded at any time on the Web Shop.
• Any defects or damage from external events, accidents (in particular electrical accidents), wear, natural disasters.
• If the case of the Beacon is open, damaged, has or has had water inside.
• If the case of the Light is open, damaged, has or has had water inside.
This warranty will take effect from the date of delivery of the Product.
This warranty only consists, at the sole initiative of AS Pool, in a refund or replacement in whole or part of the Product affected by a manufacturing defect.
The Customer can contact the claims department by email or by registered letter with acknowledgement of receipt sent to the following address: AS Pool, ZAC de la Rouvelière, 72 700 Spay.
AS Pool can also be contacted for any question on the dedicated page of the Web Shop.
Any warranty is excluded for incidents caused by incorrect storage of the Product by the Customer or misuse of the Product.
The period during which the spare parts needed to use Products are available (Beacon supports) is one year from the start of delivery, and is consistent with the natural obsolescence of these components.
PAYMENT TERMS AND METHODS
The payment of purchases by the Customer is made online when the order is placed, by PayPal or credit card.
AS Pool shall refuse any order in the absence of payment or in case of incomplete payment.
The Customer expressly acknowledges his obligation to pay when he places an order with AS Pool.
RETENTION OF TITLE
Products remain the property of AS Pool until full payment of the price is received by AS Pool, including its accessories.
DELIVERY PROCEDURE AND DEADLINES
Products are delivered to the delivery address indicated when the order is placed. Orders are shipped after receipt of the Customer's payment. The delivery period shall not exceed 30 (thirty) days following the order. Otherwise, the Customer has the option to terminate the contract formalised by his order by registered letter with acknowledgement of receipt or in writing on another durable medium, after formal notice which remains without effect.
In case of cancellation of the order, AS Pool undertakes to reimburse the amount paid within a period of 14 (fourteen) days at the latest following the date on which the contract is terminated.
Products are transported at the Customer's risk.
AS Pool cannot be held liable for delivery problems caused by difficulties to access the delivery place or an incorrect address provided by the Customer.
The Customer must check, in the presence of the deliveryman, the condition of the packaging and Products upon delivery. He has 24 hours from the delivery to make any reservations or claims, in writing, for non-compliance or hidden defects in the Products delivered, accompanied by all supporting documents. After this period and if these formalities have not been complied with, the Products will be deemed compliant and free of any apparent defect. AS Pool will replace, at the earliest opportunity and at its expense, the Products delivered whose apparent defects or non-conformities have been duly proven by the Customer.
Delivery charges: The costs of delivery by AS Pool depend on the quantity of Products ordered and the delivery method, and are indicated before the order is placed.
All elements of the Web Shop are and shall remain the exclusive intellectual property of AS Pool. Neither the Customer nor any other person is authorised to reproduce, exploit, redistribute or use for any purpose whatsoever, even partially, the elements of the Web Shop, whether software, visual or sound elements. Any simple link or hyperlink is strictly prohibited without the express written consent of AS Pool.
EXEMPTION OF LIABILITY / FORCE MAJEURE
AS Pool cannot be held liable for the non-performance or poor performance of the contract attributable either to the Customer or to an insurmountable and unforeseeable act by a third party, or a force majeure event.
RIGHT OF WITHDRAWAL
In accordance with Articles L.121-21 et seq. of the Consumer Code, the Customer has a period of 14 working days from the date of delivery of his order to withdraw, without having to justify the reason, and to return the Product ordered. The withdrawal period shall expire fourteen (14) days after the day when the Customer or a third party other than the carrier and designated by the Customer takes physical possession of the Product. To exercise his right of withdrawal, the Customer must notify his decision to AS Pool by means of an unambiguous declaration made by email to firstname.lastname@example.org
using the withdrawal form attached on the Web Shop and formulated below:
I hereby inform you of my withdrawal from the contract for the sale of the No Stress pack below:
Date of withdrawal:
The Customer must return the Product to AS Pool no later than five days after the date of withdrawal to the following address:
ZAC La Rouvelière
The Customer's liability is incurred for any damage to the Product resulting from handling operations other than those necessary to establish its nature, characteristics and proper functioning.
The Customer undertakes to return the Product by a means of transport guaranteeing receipt of the package by AS Pool. The Product must be returned in new condition, accompanied by all its accessories and instructions, and in its original packaging.
If the Customer withdraws, AS Pool undertakes to reimburse all payments received, including delivery costs (with the exception of additional costs due to the fact that the Customer has chosen a more expensive delivery method than the standard delivery method proposed by AS Pool) no later than 14 (fourteen) days from the date on which the Product is returned to AS Pool. The Customer will bear the costs of returning the Product. AS Pool will perform the refund using the same method of payment that the Customer used for the initial transaction.
This contract is governed by French law.
In case of dispute, the Customer may use a conventional mediation procedure or any alternative means of dispute settlement.