General conditions of sale of online services to individual consumers
Preamble - These general conditions of sale apply to all services provided on the website www.Aquatek.fr.
The www.Aquatek.fr website is a service of:
- the Aquatek company
- located at: Le Mazet Les Carrières de l'Isle 16 340 L'Isle d'Espagnac
- URL address of the site: http://www.aquatek.fr
- email address: email@example.com
- phone: 0661195330
The customer declares to have read and accepted the general conditions of sale prior to placing the order. The validation of the order therefore implies acceptance of the general conditions of sale.
Article 1 - Content and scope
These general conditions of sale automatically apply to the following services: Diving.
They apply to the exclusion of all other conditions, and in particular those applicable for sales on the internet or through other distribution and marketing channels.
The sale is deemed concluded on the date of acceptance of the order or upon immediate purchase by the seller.
Any order or immediate purchase implies unreserved acceptance of these general conditions of sale which prevail over all other conditions, except those which have been expressly accepted by the seller.
The buyer declares to have read these general conditions of sale and to have accepted them before his immediate purchase or when placing his order.
Article 2 - Pre-contractual information
Prior to the immediate purchase or the placing of the order and the conclusion of the contract, these general conditions of sale are communicated to the buyer, who acknowledges having received them.
The following information is sent to the buyer in a clear and understandable manner:
- the essential characteristics of the service;
- the price of the service or the method of calculating the price and, where applicable, all additional costs of transport, delivery or postage and all other possible costs.
- the date or time limit at which the service provider undertakes to perform the service, whatever its price, and any other contractual condition;
- information relating to the identity of the service provider, his postal, telephone and electronic contact details, and his activities,
- the procedures for processing complaints;
- the duration of the contract, when it is concluded for a fixed term, or the conditions for its termination in the case of an open-ended contract.
- with regard to digital content, any relevant interoperability of this content with certain hardware or software of which the professional has or should reasonably be aware
The service provider must also communicate to the buyer, or make available to him, the following information:
- status and legal form, contact details enabling rapid contact and direct communication with him;
- where applicable, the registration number in the trade and companies register or in the trades directory;
- for activities subject to an authorization scheme, the name and address of the authority which issued it;
- for the service provider subject to value added tax and identified by an individual number in application of article 286 ter of the general tax code, his individual identification number;
- for the service provider member of a regulated profession, his professional title, the EU Member State in which he was granted as well as the name of the professional order or body with which he is registered;
- any financial guarantee or professional liability insurance taken out by him, the contact details of the insurer or guarantor as well as the geographic coverage of the contract or commitment.
Article 3 - Order
By order is meant any order relating to the services appearing on the seller's prices, and accepted by him, accompanied by the payment of the deposit possibly provided for on the order form.
Any order, to be valid, must be established on the seller's purchase orders, available to customers in its stores.
Any order received by the seller is deemed firm and final.
It entails full acceptance and acceptance of these general conditions of sale and obligation to pay for the products ordered.
The buyer has a right of withdrawal from 14 days from the conclusion of the contract, except as provided for in article L.211-28 of the Consumer Code.
Article 4 - Quote
For the services giving rise to the establishment of a preliminary estimate, the sale will only be considered final after the establishment of an estimate by the service provider and sending to the buyer confirmation of acceptance of the order.
The quotes established by the service provider have a validity period of 30 days.
Article 5 - Performance of the service and termination of the contract
Unless specific specific conditions specific to the sale, the execution of the service will be carried out within the period of According to the schedule of outings from the receipt by the seller of an order in good and due form.
In the event of the seller's failure to fulfill his obligation to perform on the date or at the expiration of the period provided above, or, failing this, no later than 30 days after the conclusion of the contract, the buyer may terminate the contract , under the conditions of articles L. 216-2 and L. 216-3 and L. 216-4 of the Consumer Code, by registered letter with request for acknowledgment of receipt or in writing on another durable medium, if , after having ordered, in the same manner, the professional to provide the service within a reasonable additional period, the latter did not perform within this period.
The contract is considered to have been resolved on receipt by the professional of the letter or writing informing him of this resolution, unless the professional has performed in the meantime.
Nevertheless, the buyer can immediately terminate the contract when the professional refuses to provide the service or when he does not fulfill his obligation to provide the service on the scheduled date, if this date or this deadline constitutes for the buyer a condition essential part of the contract. This essential condition results from the circumstances surrounding the conclusion of the contract or from an express request from the consumer before the conclusion of the contract.
The costs and risks associated with this operation are the sole responsibility of the service provider.
Except in cases of force majeure, the deposit paid on the order is automatically acquired and cannot give rise to any refund.
Article 6- Exceptions to the withdrawal period
The withdrawal period of 14 days does not concern the situation (s) listed below:
- The service relates to leisure activities which must be provided on a specific date or period.
Cancellation of the order
In case of cancellation of the order by the buyer, after acceptance of the seller, for any reason whatsoever except force majeure, a sum corresponding to 100% of the amount of the purchase will be acquired from the seller, as damage and interest, in compensation for the damage thus suffered.
Article 7 - Price
Prices are firm and final. Unless specific specific conditions specific to the sale, the prices of the services provided are those appearing in the price catalog on the day of the order.
They are expressed in legal tender and stipulated all taxes included.
Article 8 - Payment
Unless other terms expressly provided for in the special conditions, payment of the price is made in cash when ordering. No order can be taken into account in the absence of full payment by this date.
The payments made by the buyer will only be considered final after the actual collection of the sums due by the service provider.
An invoice will be given to the buyer on request.
Article 9 - Guarantees - General
Aquatek guarantees the conformity of the services to the contract.
The buyer can make a request under the legal guarantee of conformity provided for in articles L. 217-11 and following of the consumer code or the guarantee of the defects of the thing sold within the meaning of articles 1641 and following of the civil code .
This warranty covers conformity or hidden defects arising from a defect in the design or performance of the services ordered under the conditions and according to the methods defined in the appendix to these general conditions of sale.
The buyer must inform the service provider of the defects and / or lack of conformity within a maximum period of 24 months from the provision of the services.
Defects and / or defects noted will give rise, depending on the case, to correction or refund.
The service provider's guarantee is limited to the reimbursement of the services actually paid for by the buyer and the service provider cannot be held responsible or failing for any delay or non-performance following the occurrence of a case of force majeure.
Article 10 - Intellectual property
All technical documents, products, drawings, photographs given to buyers remain the exclusive property of Aquatek, the sole owner of the intellectual property rights in these documents, and must be returned to it upon request.
Buyers customers agree not to make any use of these documents, likely to infringe the industrial or intellectual property rights of the supplier and agree not to disclose them to any third party.
Article 11 - Competent jurisdiction
All disputes to which the purchase and sale operations concluded in application of these general conditions of sale could give rise, concerning their validity, their interpretation, their execution, their termination, their consequences and their consequences and which would not have could be resolved amicably between the seller and the customer, will be subject to the competent courts under the conditions of common law.
For the definition of the competent jurisdiction, the seller elects domicile at Le Mazet Les Carrières de l'Isle 16 340 L'Isle d'Espagnac.
Article 12 - Language of the contract
These general conditions of sale are written in French. In the event that they are translated into one or more foreign languages, only the French text will prevail in the event of a dispute.
Article 13 - Mediation
In the event of a dispute, the contact details of the mediator to whom the consumer can contact are the following: MTV Médiation Tourisme Voyage, BP 80 303, 75 823 Paris Cedex 17, firstname.lastname@example.org.
Article 14 - Applicable law
These general conditions are subject to the application of French law. The competent court is the district court for disputes of which the amount is less than or equal to € 10,000 or the district court for disputes of which the amount is greater than € 10,000.
This is the case with the substantive rules as well as with the rules of form. In the event of a dispute or complaint, the buyer will first contact the seller to obtain an amicable solution.
Article 15 - Protection of personal data
The personal data that is collected on this site are as follows:
Account opening: when creating the user's account, their last name, first name, email address; Phone Number;
Connection: when the user connects to the website, the latter records, in particular, their surname, first name, connection, use, location and payment data.
Profile: the use of the services provided on the website allows you to fill in a profile, which may include an address and a telephone number.
Payment: as part of the payment for products and services offered on the website, the latter records financial data relating to the user's bank account or credit card.
Communication: when the website is used to communicate with other members, the data concerning the user's communications are temporarily stored.
Cookies: Cookies are used in the context of the use of the site. The user has the option of deactivating cookies from their browser settings.
Use of personal data
The personal data collected from users is used to provide the website services, improve them and maintain a secure environment. More specifically, the uses are as follows:
- access and use of the website by the user;
- management of the operation and optimization of the website;
- organization of the conditions of use of the Payment Services;
- verification, identification and authentication of data transmitted by the user;
- proposal to the user of the possibility of communicating with other users of the website;
- implementation of user assistance;
- personalization of the services by displaying advertisements according to the browsing history of the user, according to his preferences;
- prevention and detection of fraud, malware (malicious software or malware) and management of security incidents;
- management of any disputes with users;
- sending commercial and advertising information, according to user preferences.
Sharing of personal data with third parties
Personal data may be shared with third-party companies in the following cases:
- when the user uses the payment services, for the implementation of these services, the website is in contact with third-party banking and financial companies with which it has contracted;
- when the user publishes information accessible to the public in the free comments areas of the website;
- when the user authorizes the website of a third party to access his data;
- when the website uses the services of providers to provide user assistance, advertising and payment services. These providers have limited access to user data, as part of the performance of these services, and have a contractual obligation to use them in accordance with the provisions of the applicable regulations on data protection staff ;
- if required by law, the website may transmit data to respond to complaints made against the website and comply with administrative and judicial procedures;
- if the website is involved in a merger, acquisition, disposal of assets or bankruptcy proceedings, it may be required to assign or share all or part of its assets, including personal data. In this case, users would be informed, before the personal data is transferred to a third party.
Security and confidentiality
The website implements organizational, technical, software and physical measures in terms of digital security to protect personal data against alteration, destruction and unauthorized access. However, it should be noted that the internet is not a completely secure environment and the website cannot guarantee the security of the transmission or storage of information on the internet.
Implementation of user rights
In application of the regulations applicable to personal data, users have the following rights, which they can exercise by making their request to the following address: email@example.com.
· The right of access: they can exercise their right of access, to know the personal data concerning them. In this case, before the implementation of this right, the website may request proof of the identity of the user in order to verify its accuracy.
· The right of rectification: if the personal data held by the website are inaccurate, they may request that the information be updated.
· The right to delete data: users can request the deletion of their personal data, in accordance with the applicable data protection laws.
· The right to limit processing: users can ask the website to limit the processing of personal data in accordance with the assumptions provided for by the GDPR.
· The right to object to data processing: users can object to their data being processed in accordance with the assumptions provided for by the GDPR.
· The right to portability: they can request that the website give them the personal data provided to them to transmit it to a new website.
Evolution of this clause
The website reserves the right to make any modification to this clause relating to the protection of personal data at any time. If a modification is made to this personal data protection clause, the website undertakes to publish the new version on its site. The website will also inform users of the change by email, at least 15 days before the effective date. If the user does not agree with the terms of the new wording of the personal data protection clause, he has the option of deleting his account.
(to be qualified by the consumer,
and to send by registered letter with acknowledgment of receipt,
within the maximum period of 14 days following the date of conclusion of the service contract)
To the attention of:
located at Le Mazet Les Carrières de l'Isle 16 340 L'Isle d'Espagnac,
telephone number: 0661195330,
email address: firstname.lastname@example.org.
I hereby notify you of my withdrawal from the contract for the provision of service, ordered on: .........
First and last name of the consumer: .................
Consumer address: .................