GENERAL TERMS AND CONDITIONS OF SALE
Version applicable from December 2022
Aqualung Trading, société anonyme with registered office at 1ère Avenue - 14ème Rue - BP 148 06513 Carros Cedex – France registered in France under number RCS 382 106 243 (hereinafter referred to as “AQUALUNG”).
VAT number: 374 5726 68
Phone number: +442039369818
Email address: firstname.lastname@example.org
Names of director or co-editor of the publication of the website: Sebastien Franquet
Corporate name, address, and phone number of the hosting provider of the website: Salesforce.com France SAS, 3 Avenue Octave Gréard, 75007 Paris, France - Phone: +3317 670 5590
Article 1: Purpose and scope
1.1 These general terms and conditions of sale (hereinafter referred to as the “General Terms and Conditions of Sale”) detail the rights and obligations of AQUALUNG and its customers who are natural persons acting for private purposes (hereinafter referred to as the “Customer(s)”), in the context of the sale of swimming and aquatic activity products (hereinafter referred to as the “Products”) through the website accessible at the following URL address www.apeksdiving.com (hereinafter referred to as the “Website").
The Customer confirms to be over the age of legal majority according to the laws of his/her country or holder of parental authorization and to have the legal capacity to enter into a contract and place an order on this Website.
1.2 These General Terms and Conditions of Sale shall exclusively apply to the sale of Products to Customers. These General Terms and Conditions of Sale shall not apply to the sale of Products for professional purposes.
1.3 By placing an order with AQUALUNG and ticking the box “I have read and I accept Apeks’ Terms and Conditions of Sale”, the Customer accepts all of these General Terms and Conditions of Sale, of which he acknowledges having perfect knowledge. This ordering as well as all the data which will have been recorded will constitute proof of the transactions carried out between the Customer and AQUALUNG.
1.4 The fact that AQUALUNG or the Customer does not avail itself, at any given time, of any of the provisions of these General Terms and Conditions of Sale cannot be interpreted as a waiver of the right to avail itself subsequently of any of the said provisions.
1.5 AQUALUNG reserves the right to modify these General Terms and Conditions of Sale from time to time. The applicable General Terms and Conditions of Sale will be those in force on the date of the purchase made by the Customer on the Website. Any change made in the applicable General Terms and Conditions of Sale will be notified to the Customer by AQUALUNG and the Customer will be asked to accept the new version of these General Terms and Conditions of Sale.
Article 2: Orders
2.1 An order is any purchase order relating to one or more Products appearing on the Website.
The presentation of the Products in our Website does not constitute a legally binding offer, but merely an invitation to place orders. You can select Products for purchase by placing them in the shopping cart via a click on the respective button. Following the Products selection in the shopping cart and the specification of all required order and address data in the subsequent step, you will find a page that summarises the most important Product details including any costs that will be applied. Until this stage, you can correct your input. Only by confirming and accessing payment page, you place a binding order in the meaning of Article 1.
By accessing the payment page in the last step of the order process, you submit a binding offer for purchase of the Products displayed in the order overview. After submitting the order, you will receive an order confirmation. At such point: a legal binding contract will be in place between the Customer and AQUALUNG. Please regularly check the spam folder of your mailbox. AQUALUNG may cancel an order if the Products are unavailable or if the Customer's payment cannot be authorised.
2.2 Nature of Products
AQUALUNG provides Products that are of satisfactory quality, fit for purpose, and match the description, sample or model.
Article 3: Delivery
3.1 Place of delivery
The Products are delivered to the delivery address provided by the Customer during the purchase process on the Website.
3.2 Delivery date
AQUALUNG shall deliver the Products on the date or within the timeframe indicated to the Customer during the purchase process and according to the delivery option selected by the Customer. In any event AQUALUNG undertakes to do everything within their power to deliver the Products at the latest thirty (30) days after the purchase.
3.3 Costs of delivery
All delivery costs will be provided to the Customer according to the delivery option selected by the Customer and before confirmation of the purchase. The cost of the delivery of the Products by the carriers appointed by AQUALUNG are detailed in the dedicated section of the Website.
Article 4: Receipt, return and withdrawal
Upon receipt of the Products, the Customer is responsible to inform immediately AQUALUNG of any reserve on the conformity of such Products. Such information shall be made by contacting our Customer Services such as detailed in the dedicated section of the Website.
AQUALUNG grants you thirty (30) calendar days from delivery to return your Products. In the event of an order for several Products delivered separately, the return period runs from receipt of the last Product.
If the Customer has an account on the Website, the Customer shall access his account through the dedicated section of the Website. If the Customer does not have an account on the Website, the Customer must connect to the Website using his order number. The Customer shall select the order concerned by the return and then the Product(s) he/she wants to return. Then, we invite the Customer to give us the reason why he/she decided to return the Product(s).
The Customer shall bear all the cost of returning the Products. The return costs are detailed in the dedicated section of the Website. The Customer can decide to print a prepaid label which is on the Website (the amount of which will be deducted when reimbursing the Product (s)) or to manage the return directly with the postal services of his country. In both cases, the Customer must print the information of the order concerned by the Product (s) he wishes to return and insert it in his return package.
The Customer shall return the Products to Aqualung Trading, 1ère Avenue - 14ème Rue - BP 148 06513 Carros Cedex – France within fourteen (14) days after the Customer has notified his/her decision to return one or several Product(s).
The Products must not have been used, washed or damaged. The Customer must return the Products properly protected / secured, in their original packaging, in order to avoid any damages during transportation. In addition, the Products must be accompanied by all their accessories, notices and documentation. In the event of damage to the Products, the Customer is responsible for the depreciation of the Products resulting from any handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
AQUALUNG refunds the price paid by the Customer for the returned Product(s) no later than fourteen (14) days from the day AQUALUNG was informed of this return. This refund can be postponed until AQUALUNG receives the Product(s) or until the Customer has provided proof of the return of those Products, whichever is the earlier. AQUALUNG uses the same means of payment which were used by the Customer for the purchase of Product(s).
The Customer has the right of withdrawal without cause during 14 (fourteen) days from delivery. Thus, the withdrawal period expires 14 (fourteen) days after the day on which the Customer takes physical possession of the Products. In case of an order for several Products delivered separately the right of withdrawal shall start from the receipt of the last Product.
The Customer shall exercise his right of withdrawal by informing AQUALUNG of his decision to withdraw by sending to the Customer Services, before the expiry of the above mentioned period, the standard form of withdrawal set forth in Annex 1 or any other unambiguous statement expressing his intention to withdraw.
In the event of a withdrawal, the Customer shall return the Products to Aqualung Trading, 1ère Avenue - 14ème Rue - BP 148 06513 Carros Cedex – France no later than fourteen (14) days after the Customer has notified its decision to withdraw.
The Customer shall bear all the cost of returning the Products.
The Products must not have been used, washed or damaged. The Customer must return the Products properly protected / secured, in their original packaging, in order to avoid any damages during transportation. In addition, the Products must be accompanied by all their accessories, notices and documentation. In the event of damages caused to the Products, the Customer is liable in relation to the depreciation of the Products resulting from any handling other than that necessary to establish the nature, characteristics and proper functioning of the Products.
In the event of a withdrawal, AQUALUNG will refund all payments received from the Customer including delivery costs (except for any additional costs arising from the Customer's choice, where applicable, of a method of delivery other than the standard method of delivery offered by AQUALUNG) no later than fourteen (14) days from the day AQUALUNG was informed of the Customer's withdrawal. This refund can be postponed until AQUALUNG has received the Products or until the Customer has provided proof of the return of those Products, whichever is the earlier. AQUALUNG will use the same means of payment which were used by the Customer for the purchase of Products. In any event, this refund will not incur any costs for the Customer.
Article 5: Price
The prices of the Products sold by AQUALUNG are those displayed on the Website during the purchase process.
They are calculated including taxes but does not include delivery cost or any applicable custom duties.
The total price payable by the Customer is indicated within the order and within the order confirmation send by email to the Customer.
Article 6: Payment
The Customer is informed that the validation of its order on the Website implies the obligation to pay the indicated price.
Payment can be made by credit card, debit card, PayPal or AQUALUNG voucher.
AQUALUNG will immediately send to the Customer the invoice relating to the purchase in electronic format, by email to the address indicated by the Customer.
Article 7: Customer services
The Customer may contact the Customer Services of AQUALUNG for any question or problem in relation to the performance of these General Terms and Conditions of Sale he may have. The information about our Customer Service are detailed in the dedicated Section of the Website.
Article 8: Personal data and Cookie
Article 9: Intellectual property
All documents (marketing tools, photographs, catalogues, brochures, drawings, etc.) relating to the Products provided by AQUALUNG are the property of the AQUALUNG Group and are protected by copyright. The Products as such can also be protected by an intellectual property right, property of the AQUALUNG Group; any identical or similar reproduction of the Products would constitute an infringement and would be liable to prosecution before the courts.
Article 10: Warranties
10.1 The Customer benefits a warranty of conformity in relation to the Products delivered by AQUALUNG during two (2) years from the date of delivery, except if otherwise mentioned on the user/owner’s manual of the product.
According to this warranty, AQUALUNG is liable for (i) any lack of conformity existing at the time of delivery of the Products and (ii) any lack of conformity resulting from the packaging, assembly instructions or, as the case may be, installation if this has been entrusted to the Customer or has been carried out under his responsibility.
This conformity warranty shall not apply (i) if the Customer was aware of the defect at the time of contracting, (ii) when he could not have been unaware of the defect at the time of contracting or (iii) where the defect is the result of materials supplied by the Customer.
In the event of lack of conformity, AQUALUNG shall offer the Customer either the replacement of the Products or their repair depending on the choice made by the Customer, unless the cost to AQUALUNG is clearly disproportionate, taking into account the value of the Products or the significance of the defect.
The Customer may return the Product and have the price refunded by AQUALUNG or keep the Product and have part of the price refunded by AQUALUNG (i) if repair and replacement of the Product is impossible or without major inconvenience (ii) or could not be carried out within one (1) month following the Customer's request.
10.2 The Customer benefits a warranty against hidden defects in relation to the Products delivered by AQUALUNG during two (2) years from the discovery of the defect, within the five (5) years following the purchase date, except if otherwise mentioned on the user/owner’s manual of the product. The Customer shall prove that the defect existed at the time of purchase, that it was hidden and that it renders the Product unusable.
If these conditions are met, the Customer may return the Product and have the price refunded by AQUALUNG or keep the Product and have part of the price refunded by AQUALUNG.
10.3 For the application of the aforementioned warranties, the Customer shall return the Products to AQUALUNG in the state in which the Customer has received them with all their accessories and documents, as well as a copy of the invoice.
No charge shall be requested by AQUALUNG to the Customer for the replacement or repair of the Products for the purpose of the aforementioned warranties.
These warranties do not cover damage and wear resulting from adaptation or a special assembly, whether it is abnormal or not, of the Products. Defects and deterioration of the Products resulting from abnormal conditions of storage and/or conservation by the Customer cannot be covered by these warranties.
Article 11: Safety of Products
AQUALUNG is subject to a general obligation to ensure the safety of the Products. Safety details of the Product are detailed in the description of each Product available on the Website.
Article 12: Customer reviews
The Customer has the possibility to display reviews on the Website in relation to the Products. AQUALUNG will not grant any benefit, gift or advantage of any kind to the Customer for providing their reviews on the Website.
By posting a review on the Website the Customer acknowledges that this review becomes public and grants AQUALUNG the right to use the name(s) provided with the review and to use, store, publish, translate and display the content of the review, on any support, for commercial purposes worldwide for a period of five (5) years.
The reviews of the Customer will remain displayed on the Website and kept by AQUALUNG for five (5) years.
AQUALUNG controls the content of the reviews published on the Website by requesting the Customer to provide its first name, its last name and the date of purchase. Customers will not have the possibility to contact the Customer who has published reviews on the Website.
AQUALUNG will not amend the content of the reviews of the Customer published on the Website for any reason whatsoever but the reviews will be automatically translated to be displayed on all AQUALUNG’s websites in the correct language.
AQUALUNG may refuse to publish or is authorized to delete reviews on the Website if (i) the Customer has not purchased the Product on the Website, (ii) a review contains offensive, disrespectful or illegal content, (iii) the email address of the Customer is not valid, (iv) the Product is no longer offered on AQUALUNG’s Website, (v) the Product has been modified such that the review is no longer relevant for the Product.
AQUALUNG declines all responsibility for the content written by Customers as well as for any request from third parties relating to the content of the reviews published.
Article 13: Governing law and jurisdiction
Any dispute relating to these General Terms and Conditions of Sale and to the sales to which they apply (conclusion, execution, resolution) is governed by French law to the exclusion of all other law. It falls under the exclusive jurisdiction of the French courts except that the Customer may bring a claim under these General Terms and Conditions of Sale in their local courts if they do not reside in France. If the Customer has the habitual residence in another country at the time of his or her order, the application of mandatory legal provisions of this country remains unaffected by the choice of law.
Annex 1: Standard form of withdrawal
For the attention of Aqualung Trading, located 1ère Avenue - 14ème Rue - BP 148 06513 Carros Cedex – France and whose email address is email@example.com.
I/we (*) hereby notify you (*) of my/our (*) withdrawal from the contract for the sale of products below:
Ordered on (*)/received on (*):
Name of the Customer (s):
Address of the Customer (s):
Signature of the Customer(s) (only in case of notification of this form on paper):
(*) Strike out what does not apply.