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The following is the terms of the agreement between PoolPlanet (“Company”) and the buyer (“Buyer”) of goods or services through the Company’s Web site (www.poolplanet.com). If you do not agree to these terms, you will not be able to purchase anything, so please review these terms carefully.
By connecting to the Web site: www.poolplanet.com, you declare to have read and accepted the general sales conditions before ordering. By selecting products online and by checking, below, the line "I understand and I accept the terms of the license agreement", you agree to be bound to all the terms and conditions of this contract and you accept to be bound and to take part in this contract.
The present general sales conditions apply exclusively to all goods and services offered by the E-commerce solution, the registered office of which is located at 7 avenue André Roussin, Ponant Littoral, Marseille 13016 France, under the SIRET number 790 817 936 00012.
Buyer agrees to the terms and conditions outlined in this Online Contract ("Contract") with respect to the goods, services and information provided by or through the Site. This Contract constitutes the entire and only agreement between the Company and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good or service shall be deemed acceptance of this Contract.
ARTICLE 1 / GENERAL PROVISIONS
This website has been designed by E-commerce solution, who is owner and bearer of all rights attached thereto. Except with E-commerce solution's express and prior authorization, it is forbidden to copy or download all or part of the Site or of its content. However, E-commerce solution authorizes the creation of hypertext links to the Website. Looking always for quality, service, the features of our products may be modified or improved at any time. Thus, photographs and texts cannot be considered as contractual. It is recognized, our product sales does not entail any transfer of intellectual and/or industrial property, copyright, trademark to all or part of our products. Any unauthorized reproduction and/or representation of Company's product and/or not allowed by the French regulations can be legally punishable. Any use without the consent of the author constitutes an infringement and will be liable to prosecution.
The names, trademarks and trade brands mentioned in this website are the ownership of the depositors. The references to the names, brands and logos are exclusively to obtain compatibility of sold products in this Site.
ARTICLE 2 / CONTRACT
2-A / Requirements to make an order
The Buyer declares to be at least 18 and to have legal capacity or to have parental autorisation to place an order on line. Any order placed on the Site must correspond to normal household needs.
2-B / Conclusion of the contract
After having placed your order, We send you an email confirming the constituent parts of your order and advising You of the possibility of altering your order (especially adding or deleting an item) up until the date that your items are sent. We inform you by e-mail about sent items. That e-mail is our acceptance of your order and therefore constitutes the contract of sale between the Company and Buyer governed by the General Terms and Conditions of Sale set out in the present contract.
ARTICLE 3 / PRICE
The prices posted on the Site are quoted in euros all taxes included (French VAT and other taxes applicable). The references and tariffs are presented on this site as an indication and do not represent in any circumstance a contractual engagement. The price indicated in the confirmation or reservation of order is the definitive price, all taxes are included. Despite of our efforts, a small number of our products in our catalogue may be mispriced. Rest assured that we conduct price verification in the process of sending your item. If the new price is lower than the price given on the website, we will apply the lower price and will send you your article. If the price exceeds the fixed price displayed on the Site, we will notify you and cancel your order unless you choose to accept the new price.
ARTICLE 4 / ORDER
As of the "acceptance click" mentioned above, the order is deemed to be irrevocable and may only be challenged in the cases specifically defined below in the article « RETRACTATION ». This final "click" is equivalent to the handwritten signature mentioned in article 1341 of the French Civil Code. By confirming your order, you thereby authorize us to use your data under these conditions. You will receive by e-mail an automated message confirming the details and reference number of your order. By saving this mail and/or printing it, you hold a proof of your order, that we recommend to keep. The order will be validated only after the transaction has been authorized by the bank issuing your card. E-commerce solution reminds you, that our goods are available according to the stock quantity left.
ARTICLE 5 / PAYMENT
Payment may be made by credit card, by check or by bank transfer.
ARTICLE 6 / RESERVATION OF OWNERSHIP
The delivered goods will stay our property till you have fulfilled all your obligations towards us and, in particular, up to the complete payment of the price, if necessary increased by the interests.
ARTICLE 7 / DELIVERY
Except particular express conditions, delivery will be performed at the address pointed out on the order form. Orders for in-stock products are typically processed and shipped within 4 to 7 business days from the date of payment. Transit times are 48 h to Metropolitan France and between 5 and 12 days for overseas territories and international depending on the destination. Shipping times are estimates only and cannot be guaranteed. However, if the agreed delivery periods are not respected, Buyer may be entitled to claim for delivery costs reimbursement (if any).
If, despite our vigilance, articles are unavailable, we notify you via email as soon as possible. Buyer shall cancel the Agreement of sales by simple request to obtain a complete reimbursement. E-commerce solution within five working days undertakes however to offer to Buyer a new time scale for receiving the Product, or a replacement Product, or order cancellation. In such a case of cancellation, E-commerce solution undertakes to return the payment or, where appropriate, to reimburse the Buyer within thirty days starting with incoming mail with termination of the contract of sales. The hazards associated with product transportation will be entirely at the Buyer's charge. Please consult us for further information.
The transfer of risks concerning the products shall take place as soon as the goods are delivered by E-commerce solution to the carrier. Thus, goods travel at the risk of the Buyer. The Buyer should survey any expedition on arrival, and make any reservation and claims that appear to be justified, or even refuse the parcel, if it may have been opened, or if it shows visible traces of damage. E-commerce solution could not be held responsible for an impossibility of delivery independent (absence, error of title(description) in the address, the strike, force majeure etc.).
ARTICLE 8 / CUSTOMS DUTIES
All orders placed through the Site for delivery outside France may be subject to taxes and customs duties at the destination point. These tariffs and taxes related to the delivery of an item are dependent on you and are your responsibility. We are not required to check and inform you of duties and taxes applicable. If you want to know, we advise you inquire with the authorities in your country.
ARTICLE 9 / GUARANTEE
You benefit from the provisions of the legal warranty against hidden defects. All products have 2 years guarantee. In the case of a breakdown during the manufacturer warranty period,please consult the after-sales service manufacturer. Unless otherwise stated in the order, E-commerce solution shall try to resolve any defect originating in a defect in design, materials or execution. Repairing, modifying, or replacing parts during the warranty period does not extend the warranty period. The guarantee is limited to the restoration or replacement of the faulty parts, however, to any further claim for damages. The foregoing warranty does not apply to defects resulting from faulty installation or lack of proper maintenance non corresponding to the manufacturer's recommendations. In addition, any guarantee provided by Company does not apply if you had any other modifications without written permission from us. Our workshops are specialized in repairing. E-commerce solution shall be responsible for any labour and installation costs incurred in removing the defective parts and/or installing the replacements. We are not responsible for reimbursing transportation costs of defective products.
In any case, the parts to be replaced must be returned to Solution e-commerce company. To be entitled to solicit the benefit of the warranty, the Buyer must abstain from carrying out the repair(s) or from having them carried out by a third party.
The PLANET automatic pool cleaner is guaranteed (according to the above-mentioned conditions) for 2 years or 500 hours. The insurance protection ends at the time whichever is the earlier.
ARTICLE 10 / CONDITIONS OF WITHDRAWAL, EXCHANGE OR REFUND
The Buyer is responsible for checking, in the presence of the employee of the transporter, the packaging and contents of the order at the time of delivery and undertakes to inform customer service as soon as possible by contacting email@example.com about any damage caused by transportation. However, if warranted, we will have choice to refund the original cost of the goods or send a suitable replacement, once goods have been inspected.
Under Article L.121-16 of the Code of Consumption and with respect to Directive n° 97-7 of 20 may 1997 on the protection of consumers in respect of distance contracts, the Buyer therefore has a with drawal period of seven 14 clear days from the date of receipt of the goods to cancel sale contract. 14-day time limit runs from date of request. All items, including accessories (specifications, cords, remote control units, etc.) must be returned in original condition for a refund in their original packaging, have to be in satisfactory condition with bill of delivery or the invoice within the time limit specified and with the cost of returning the goods.
Please describe precisely the reasons of return. Only the products in good state, complete and in their packing of origin could be turned over, can be exchanged or credited. If the Buyer opts for the reimbursement of the product, the request will not be processed until the products concerned are received by the Solution e-commerce. The time of refunding per Solution e-commerce could not exceed thirty days as from the delivered return of the products.
Please send items and documentations to the further address:
Poolplanet - 21 rue Antoine et Henri Maurras - 13016 Marseille France.
Thank you to pack the returned items with great care. We care about your satisfaction. That's why returns to Poolplanet are fast & easy! If you are dissatisfied with your purchase for any reason, you may return it to Poolplanet within 30 days of the purchase date to get a full refund.
ARTICLE 11 / RESPONSABILITY
By no means, E-commerce solution cannot be held responsible for damage or injury caused by improper use of this appliance. In addition, E-commerce solution may not be held responsible for any failure to comply with any legalor statutory provision in force in the country of delivery. E-commerce solution is responsible solely for compliance with the French regulationsregarding the goods. We commit ourselves taking all the care necessary to the good service of the Buyer. Nevertheless, our responsibility can not be used in case of breach of ourcontractual obligations due to unforeseeable circumstances or force majeure as defined by the law made by the French courts.
Moreover, our responsibility will not be committed in the event of delay due to an out-of-stock condition in the supplier nor in the event of error in the presentation of the products on our site, the photographs, texts and illustrations representing the products not being contractual. This is why we implement all the means necessary to ensure the services presented in The General Terms and Conditions of Sale. We shall be liable for any direct and foreseeable damage when using the Site or for the conclusion of the purchase between the user and us. To in no case we will not incur a responsibility for losses of benefit, losses commercial, losses of data or loss of earnings or any other consequential damage or which were not foreseeable at the moment of the use of the Site or the conclusion of the sale contract between the Company and the Buyer. The limitation of liability referred to above does not apply in the event of fraud or gross negligence on Our part, or in the event of bodily injury or liability arising out of defective products.
ARTICLE 12 / PROTECTION OF PERSONAL DATA AND ENSURE PRIVACY
From the moment where sensible information is communicated by the Buyer in the case of distance contracts for the sale of goods including presented conditions organizing formation and execution, the Company furthermore undertakes to take appropriate security measures to safeguard these data from misuse by third parties. The processing of information collected on the Site is only used for facilitating the internal procedure and it will not be disclosed to any external parties except solely for management purposes or to comply with the legal and regulatory provisions in force.
Solution e-commerce agrees to take all possible measures to ensure the security of this personal information. However, despite all measurements having been taken, even if E-commerce solution commits to take all measures of caution and dispatch in order to ensure the security and confidentiality of the data collected on the website, he declines responsibility concerning piracy and prejudicial consequences in particular misappropriating of banking details.
ARTICLE 13 / TRANSMISSION OF PERSONAL DATA
The Company must always inform Buyer about the possibility of nominative information transmission concerning authorized persons which support information collecting. Nevertheless, the Buyer can request correction of the information and oppose the use of this information by third parties. The Buyer has the right to access and rectify data we hold about them.
ARTICLE 14 / JURISDICTION AND APPLICABLE LAW
The applicable law is the law of France. In the event of a dispute or contestation, the Marseille District Court will have sole competence and only French law will apply, also in cases of multiple defendants or guarantee call.
ARTICLE 15 / IDENTIFICATION
This Web site is the property of and is managed by:
SOLECOM - Ponant Littoral
7, avenue André Roussin
SIRET number: 790 817 936 00012
You can also contact us by e-mail: firstname.lastname@example.org.
If you believe content on our site may violate one of your intellectual property rights, or if you have a question about our site, you can mail us at above e-mail address.