TERMS AND CONDITIONS OF SALE
These General Terms and Conditions (hereafter: “Terms and Conditions”) shall apply to any purchase by an Internet user, as a natural person (hereafter: “the CLIENT”) on Hydrao’s website (www.hydrao.com or .fr – hereafter: “the Website”) to SMART AND BLUE, a simplified joint stock company with share capital of € 296,780, registered with the Grenoble Trade and Companies Register under number SIRET 814 127 148 00017, whose headquarters are located 196 route des Vignes 38430 MOIRANS and business address : 12 Rue Ampère 38000 GRENOBLE– France. Email : firstname.lastname@example.org (hereafter : « the SELLER »).
ARTICLE 1. DEFINITIONS
Each term mentioned hereinafter shall have the meaning set forth below :
- “CLIENT” : shall mean the natural person purchasing a PRODUCT on the WEBSITE, acting for private and non-professional or commercial purposes
- “PRODUCTS” : shall mean all products available on the WEBSITE
- “WEBSITE” : the hydrao.com website, or any other website run by SMART AND BLUE, and offering PRODUCTS on sale
ARTICLE 2. PURPOSE
These Terms and Conditions shall apply to any sale of PRODUCTS by SELLER to its CLIENTS.
The CLIENT is clearly informed and acknowledges that the WEBSITE addresses consumers, and that professionals should contact the SELLER’s commercial department in order to ask for separate terms and conditions applying to professional clients.
ARTICLE 3. ACCEPTANCE AND AMENDEMENT
These Terms and Conditions are linked on each footer of the WEBSITE, and should be read before placing any order.
The CLIENT is invited to read carefully, download, print and to keep a copy of these Terms and Conditions.
By ticking the box provided for this purpose in the ordering process of the PRODUCTS, the CLIENT declares and acknowledges to have read these Terms and Conditions, and to accept them without any limit or reserve.
These Terms and Conditions may be amended at any time. The version in force at the date of the Order shall be applicable to this Order. Amendments made to these Terms and Conditions shall not apply to Orders made by the CLIENT before such amendment.
ARTICLE 4. PURCHASE OF PRODUCTS ON THE WEBSITE
In order to purchase a PRODUCT, the CLIENT should be at least 18 years old with the full capacity to contract.
The CLIENT will be asked to provide personal information by filling the online form, available on the WEBSITE, or by opening a client account. The (*) sign designates mandatory fields to be filled so that the CLIENT’s order may be processed by the SELLER. Personal information provided by the CLIENT should be complete, accurate and up to date. The SELLER reserves the right to ask the CLIENT to verify, by any appropriate means, its identity, eligibility and information provided.
ARTICLE 5. ORDERS
Article 5.1 Products’ Features
The CLIENT shall read carefully the Product’s description before placing an order on the WEBSITE.
Article 5.2. Ordering Process
To place an order, the CLIENT must follow the steps described below (PRODUCTS selection and purchase options).
The CLIENT selects the PRODUCT to order on the PRODUCT’s webpage. Once the PRODUCT selected, the basket page shall be displayed. The CLIENT may then add to its basket any PRODUCTS he wishes.
Once the PRODUCTS selected and added to the basket, the CLIENT shall check that the content of his order is correct. If he has not yet done so, he will be invited to provide personal information or to create an account.
Once the CLIENT has checked the content of his basket, and has identified or created his account, an order summary will be displayed, mentioning the PRODUCTS ordered, their price, applicable taxes and delivery costs.
The CLIENT shall check a second time the content of his Order (including quantity, features, and references of the PRODUCTS ordered, invoicing address, payment method and price) before validating its content. The Order summary shall display specific options applicable to PRODUCTS, as they may be chosen by the CLIENT.
By clicking on "validate your order" at the bottom of the order summary page, the CLIENT operates a "validation click", which constitutes an irrevocable commitment, which may only be cancelled in the limited cases provided for in these Terms and Conditions.
The CLIENT may then proceed to payment of the PRODUCTS by following the instructions on the WEBSITE and providing any necessary information for invoicing and delivery of the PRODUCTS. The CLIENT will be asked to choose a delivery mode.
Acknowledgment of receipt
An acknowledgment of receipt of the order is automatically sent to the CLIENT by email, provided that the email address provided through the registration form is correct.
Article 5.3 Invoicing
During the ordering process, the CLIENT shall provide necessary information for invoicing. The (*) will mention the mandatory fields to be filled in order for the CLIENT’s order to be processed by the SELLER.
Neither the purchase order edited online, nor the acknowledgment of receipt sent by SELLER to CLIENT by email may be considered as an invoice. Whatever the order or payment method chosen, the original invoice shall be sent to the CLIENT by email, which the CLIENT accepts.
Date of the Order
The Order is valid upon the « validation click », which constitutes an irrevocable commitment from the CLIENT. Delivery times for PRODUCTS ordered shall start from this date.
Unless gross error, the price applicable is the one indicated on the WEBSITE on the date on which the order is placed by the CLIENT.
For any delivery within the EU, prices are all taxes included, French VAT.
For a delivery outside the EU, prices are stipulated in euros, USD, SGP, £ or AUD and exclude all applicable sales or customs tax. Therefore, the Client shall pay all custom duties or any clearance charges applicable to the import of the products into said country, as well as all applicable sales taxes.
Prices do not include applicable transportation or delivery costs (which depend on the package weight, excluding packaging and gifts; on the Delivery address, and on the carrier or the delivery mode chosen by the CLIENT). Such costs shall be displayed in the Order summary.
ARTICLE 6. RIGHT OF WITHDRAWAL
In accordance with the provisions of Section 221-18 of the French Consumer Code, the Client may exercise its right of withdrawal, within 14 days of the date of delivery of the Products, without having to give any grounds or pay any penalties for such withdrawal, with the exception of return costs of the PRODUCT.
The right of withdrawal may be exercised:
- Either by sending a registered letter with acknowledgment of receipt to the following address: SAV Rétractation SMART AND BLUE, 12 Rue Ampère, 38000 Grenoble or by email at : email@example.com
- Or by sending a mail or email expressing without ambiguity the CLIENT’s wish to exercise its right of withdrawal. It is reminded that the proof of the exercise of its right rests on the Client.
In such a case, the Client shall return, at its own costs, the PRODUCTS to the SELLER by standard delivery, within 14 days from the date of its withdrawal email or letter. The PRODUCT shall be returned in its original state and packaging, without any trace of degradation, and be perfectly clean.
Refund process: the CLIENT may choose its refund mode in the standard withdrawal form. Unless otherwise chosen by the CLIENT, he shall be refunded through the same payment method chosen for the purchase. The SELLER shall refund the price of the Products to the Client, within 14 days of reception of its withdrawal mail or letter or, if the PRODUCT has not been returned within this period, within 48 hours of reception of the PRODUCT.
ARTICLE 7. PAYMENT
Payment may be made either by credit card or by Paypal. The CLIENT declares having full authority to use the credit card for payment of the order. Payments are secured through SystemPay and 3D Secure systems (Caisse d’Epargne) or any other secure system in force at the date of the Order.
By providing information on its credit card, the CLIENT entitles the SELLER to debit from his bank account the price of the Order. If, for any reason whatsoever, the CLIENT’s account cannot be debited, the CLIENT shall be asked to use another payment method. Should no method be available, the Order shall be cancelled immediately and as for right, which the CLIENT shall be informed without delay.
It is recalled that any payment informations communicated on the WEBSITE are directly transferred to the WEBSITE’s bank, and not treated by the WEBSITE.
In case of a single payment by credit card, the CLIENT shall be debited upon Order of the PRODUCTS.
If the CLIENT decides to cancel its Order, due to unavailability of the PRODUCTS, he shall be refunded as set forth in Section 5.5 of these Terms and Conditions.
ARTICLE 8. EVIDENCE - STORAGE
Data registered by the SELLER shall constitute due evidence of all transactions (commercial and financial) made between the SELLER and its CLIENTS. It is expressly agreed that emails will be valid evidence of exchanges between the parties as well as the automatic registration systems used on the SITE, as regards content and date of the order. The CLIENT may access to its previous orders as well as the last version of these Terms and Conditions on its personal account.
ARTICLE 9. DELIVERY
Availability of the Products
Products offered for sale on the Website are subject to availability. Should the Products ordered be unavailable, HYDRAO-SMART AND BLUE will inform the Client at the earliest opportunity, so that he may, at its own discretion, either choose a later delivery, or to be refunded as set forth in Section 5.5.
For deliveries inside the European Union, PRODUCTS shall be delivered DDP at the delivery place indicated by the Buyer (Incoterms 2010).
For deliveries outside the European Union, PRODUCTS shall be delivered CIP at the delivery place indicated by the Buyer (Incoterms 2010). Therefore, the Seller shall assume all freight and insurance costs; however, it is up to the Buyer to clear the PRODUCT at customs and to pay any customs taxes and tariffs.
The SELLER shall indicate to the CLIENT delivery modes and associated times for each PRODUCT purchased on the WEBSITE.
Delivery costs depend on the delivery mode. These costs shall be borne by the CLIENT in addition to the price of the PRODUCTS purchased.
An email shall be sent to the CLIENT upon shipment of the PRODUCTS, provided that the email address listed in the registration form is correct.
The PRODUCTS ordered by the CLIENT shall be delivered by an independent carrier at the address or at the pick-up point indicated by the CLIENT on the Order.
If the CLIENT is absent during delivery, the carrier shall leave a notice of non-delivery at the address indicated by the CLIENT. The PRODUCTS shall then be collected at the address indicated by the carrier.
If the PRODUCTS are not collected within the period indicated by the carrier, they will be returned to the SELLER, which shall notify the CLIENT in writing. If the CLIENT does not reply within 14 days of such written notice, he shall be deemed to have cancelled the Order and waived all rights thereupon. In such a case, he shall be refunded from the price of the PRODUCTS, after deduction of all delivery and return costs.
The risk of loss or damage to the Products shall pass to the Client when it takes physical possession of the Products. Any damage occurred after delivery shall be of the sole responsibility of the Client.
The client shall examine with all attention needed the Products upon delivery. In case of an anomaly (damaged packaging, damaged or broken product), the CLIENT may refuse the delivery, or make all necessary reservations on the delivery note no later than 7 days after delivery. Should the CLIENT not comply with this procedure, he will be deemed to have received a product in good condition, and not damaged.
The damaged Product will be returned in full, in its original state and packaging, at SELLER’s costs, following a return procedure that will be detailed by email. The SELLER commits, in this case, to replace the PRODUCT without delay, the replacing PRODUCT being delivered at the same address.
Delivery times mentioned on the WEBSITE start upon reception of the email of order confirmation sent by the SELLER. In case of payment by PayPal, delivery times shall start from the date of availability of the funds on the SELLER’s bank account.
However, if the PRODUCTS ordered are not delivered within the indicated times, for any reason other than force majeure or a reason attributable to the Client (digicode not mentioned, incomplete address, absence on delivery etc), the order may be cancelled on written request from the Client, in compliance with the procedure set forth under Sections L.216-2 and L.216-3 of the French Commercial Code. Thus, failing delivery within the time indicated in the Order, the CLIENT shall formally request the SELLER to deliver the PRODUCT within a reasonable time. Should the SELLER not deliver the PRODUCT within such requested time, the Order may be cancelled as of
right by the CLIENT, by registered letter with acknowledgment of receipt. The sums paid the CLIENT shall then be refunded no later than 14 days following cancellation of the Order.
ARTICLE 10. ACCESS TO THE MOBILE APPLICATION
Ordering a PRODUCT gives access to the CLIENT to the HYDRAO mobile application, which enables the CLIENT to monitor in real time its water intake. Use of the application is subject to acceptance of its own Terms and Conditions of Use.
ARTICLE 11. WARRANTIES
The Products offered on sale are compliant with the French regulations and their features are consistent with a non-professional usage. The Products offered on sale are covered, as of right, and without any additional payment, by the following warranties:
- Legal warranty of conformity, for Products with apparent defects, deteriorated or damaged; or not complying with the order; such warranty may be exercised under the conditions and delays set forth under Section L.211-4 and following of the French Consumer Code.
- Legal warranty against hidden defects resulting from a default in material, a misconception or default in manufacturing, affecting the delivered products, and making them unsuitable for use; such warranty may be exercised under the conditions and delays set forth under Section 1641 and seq. of the French Civil Code.
11.1 Legal warranty of conformity
The SELLER warrants that the PRODUCT shall comply with the Order and warrants the CLIENT against any non compliant PRODUCT upon delivery.
The warranty period is two years from the date of delivery of the PRODUCTS.
If a PRODUCTS is found defective, the CLIENT may choose between repair or replacement of the PRODUCT, unless such repair is impossible, or its cost is obviously disproportionate, in which case the PRODUCT shall be replaced. Moreover, if neither of these options are possible (for instance, if the PRODUCT is not available anymore), the CLIENT shall have the choice between returning the PRODUCT and being refunded of the price, or keep the PRODUCT, and ask for a partial refund of the price.
11.2 Warranty against hidden defects
In case the CLIENT’s claim was founded on the warranty against hidden defects, as set forth under Section 1641 and seq. of the French Civil Code, he may ask either for cancellation of the Order, or for a replacement, as provided in article 1644 of the Civil Code.
The SELLER shall refund, repair or have repaired the PRODUCTS that would be found defective or not non compliant. Shipment costs will be handled by the SELLER. A refund shall be made in a timely manner, and at the latest 30 days following acknowledgment by the SELLER of such non compliance or hidden defect; and under the provisions of Section 5.5.
The foregoing warranties shall not apply in the following cases:
- in case of non-compliance with the regulations in the country of delivery of the Products, or specific usage restrictions in this country which may impact the compliance of the Product, such events to be checked by the Client.
- for defects resulting from misuse, use for professional purpose, negligence or inadequate maintenance, normal wear, protracted storage, or use in a dirty environment, accident or force majeure event;
- standard wear and tear
- modifications to the PRODUCT made by the CLIENT.
ARTICLE 12. LIABILITY
The SELLER's liability shall in no event be incurred in the event of non-performance or improper performance of contractual obligations attributable to the CUSTOMER, in particular when entering his order. The SELLER shall not be held responsible, or considered to have failed to comply with the present contract, for any delay or non-performance, when the cause of the delay or non-performance is related to a case of force majeure as defined by the case law of the French courts.
ARTICLE 13. PERSONAL DATA
The SELLER collects personal data on its CLIENTS through cookies on its Website. CLIENTS may disactivate cookies by following instructions on their browser.
Personal data collected by the SELLER are used to process and fulfil the orders placed through the Website, manage the CLIENT’s personal account, analyze the Orders, manage the after-sales service and, if the CLIENT has consented to it, to send him commercial materials, newsletters, promotional offers and/or information on special sales; from the SELLER and/or its partners.
The CLIENT’s data are kept confidential by the SELLER for the purposes of the contract and of its performance, in compliance with all applicable regulations. Such data treatment has been declared with the CNIL under simplified norm NS-048 (declaration number 2041275-v.0).
Such data may be transferred or sold, in whole or in part, to the SELLER’s business partners, provided that the CLIENT has consented to it when creating its account.
The CLIENT may at any time exercise its opposition right and unsubscribe from any mailing list, through its personal account, or by clicking on the link provided for that purpose on bottom of each offer received by email.
Moreover, in compliance with Statute n°78-17 of January, 6th 1978, the CLIENT has a right of access, amendment, opposition (on legitimate grounds) and deletion of its personal data. He may exercise its right by sending an email to firstname.lastname@example.org; or by sending a letter to Smart & Blue – 12 Rue Ampère, 38000 GRENOBLE.
ARTICLE 14. CLAIMS
The CLIENT may call the Customer Support Service at : 07.68.33.85.70 (standard rate). Any written claim shall be sent to the following address: Smart & Blue – 12 Rue Ampère, 38000 GRENOBLE or by email at : email@example.com
ARTICLE 15. INTELLECTUAL PROPERTY
These Terms and Conditions are subject to French law. In case of dispute, French courts shall have exclusive jurisdiction.
Before engaging in any legal proceeding, the CLIENT is invited to find an amicable solution with the SELLER. Should the Parties not find such arrangement within a reasonable time, each Party may refer the dispute to the Mediateur de la Fédération Nationale de la Vente à Distance (FEVAD), as provided on the Ombudsman’s website at mediateurfevad.fr.
This mediation process shall suspend any procedural deadline.