Home - Terms and conditions of sale

The online store on the AquaDynaPulse website has been set up by SAS AquaDynaPulse, which is the operator of this site. Any order placed for a product appearing in the online store of the https://www.aquadynapulse.com website implies prior consultation of the present terms and conditions.

 

Consequently, the consumer acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these general terms and conditions does not require the handwritten signature of this document, insofar as the customer wishes to order online the products presented in the website store.

 

The consumer has the option of saving or editing these terms and conditions, it being understood that both saving and editing this document are the sole responsibility of the consumer.

The online store set up by AquaDynaPulse within the framework of the website includes the following information:

 

 

Article 1 : Entirety

The present terms and conditions express the entirety of the obligations of the parties. In this sense, the consumer is deemed to accept without reservation all the provisions of these general conditions. No general or specific condition appearing in documents sent or delivered by the consumer may be incorporated herein, insofar as such documents are incompatible with these general conditions.

 

 

Article 2: Purpose

The purpose of the present terms and conditions is to define the rights and obligations of the parties in the context of the online sale of goods and services proposed by the company AquaDynaPulse to the consumer.

 

 

Article 3 : Contractual documents

The present contract is formed by the following contractual documents, presented in decreasing hierarchical order: the present general conditions; the order form. In the event of contradiction between the provisions contained in documents of different rank, the provisions of the document of higher rank shall prevail.

 

 

Article 4: Entry into force - duration

The present terms and conditions come into force on the date of signature of the order form. The present general conditions are concluded for the duration necessary for the supply of the goods and services subscribed, until the extinction of the guarantees due by the company AquaDynaPulse.

 

 

Article 5 : Electronic signature

The customer acknowledges that he/she has been informed that his/her commitment does not require a handwritten or electronic signature. Acceptance of the present terms and conditions of sale and of the basket order is implemented by the click mechanism when the order is placed.

 

 

Article 6 : Order confirmation

Contractual information will be confirmed by e-mail at the latest at the time of delivery or, failing this, at the address indicated by the consumer on the order form.

 

 

Article 7 : Proof of transaction

Computerized registers, kept in AquaDynaPulse's computer systems under reasonable security conditions, will be considered as proof of communications, orders and payments between the parties. Order forms and invoices will be archived on a reliable and durable medium that can be produced as proof.

 

 

Article 8: Product information

 

 

Article 9 : Prices

Prices are indicated in euros and include the current French VAT. They do not include delivery charges, which are invoiced in addition and indicated before the order is validated. Payment in full must be made at the time of ordering. At no time may the sums paid be considered as deposits or advance payments.

 

 

Article 10: Payment methods

In order to pay for his order, the consumer has, at his choice, all the payment methods mentioned on the order form. The consumer guarantees the company AquaDynaPulse that he/she has the necessary authorizations to use the method of payment chosen by him/herself, when validating the order form. The company AquaDynaPulse reserves the right to suspend any order management and any delivery in case of refusal of authorization of payment by credit card by the officially accredited organizations or in case of non-payment. In particular, AquaDynaPulse reserves the right to refuse to make a delivery or to honour an order from a consumer who has not paid in full or in part for a previous order, or with whom a payment dispute is in progress.

 

 

Article 11 : Product availability

The order will be executed within 2 days at the latest from the day following that on which the consumer placed the order for products displayed in stock. In the event of unavailability of the product ordered, notably due to our suppliers, the consumer will be informed as soon as possible and will have the option of cancelling the order. The consumer will then have the choice of requesting either a refund of the sums paid within 14 days of their payment, or an exchange of the product.

 

 

Article 12 : Delivery in mainland France

The stated delivery time is based on the date on which the goods are dispatched. Saturdays, Sundays and public holidays are to be added to the initial delivery time. Order and delivery tracking is available on the website.

 

Package inspection on receipt

Upon receipt of your parcel, the customer must check the condition of the goods and report any damage to the carrier on the delivery note. It is also the consumer's responsibility to inform AquaDynaPulse within one week so that the necessary steps can be taken with the carrier (dispute file).
In the event of damage, the consumer must clearly state his reservations on the delivery note and refuse the parcel. Please note that reservations must be clear and precise, in order to validate the carrier's insurance. “Damaged parcel” ‘broken part’ are not valid reservations in the eyes of the transport company, but for example ‘Board scratched on top-bottom-side’.

 

Standard delivery :

 

Additional information:

 

Export sales and shipping

All orders shipped outside the European Union and French overseas departments and territories will automatically be invoiced exclusive of tax. Import formalities, customs duties and any taxes relating to the delivery of an item outside the European Union and French overseas departments and territories are the sole responsibility of the Buyer. They must be paid to the competent authorities in the country of delivery. The Buyer is solely responsible for verifying the possibility of importing the products ordered under the laws of the country of delivery. AquaDynaPulse is not obliged to check and inform the Buyer of applicable customs duties and taxes. To find out about them, AquaDynaPulse advises the Buyer to check with the competent authorities in his/her country. Please note that by ordering on the site, you are considered the official importer and are required to comply with all laws and regulations of the country where you will receive the goods. Cross-border deliveries may be subject to opening and inspection by customs authorities.

 

 

Article 13: Delivery problems caused by the carrier

Any anomaly concerning the delivery (damage, missing product compared with the delivery note, damaged package, broken products, etc.) must be indicated on the delivery note in the form of “handwritten reserves”, accompanied by the customer's signature. At the same time, the consumer must confirm this anomaly by sending a registered letter with acknowledgement of receipt to the carrier within three working days of the delivery date, setting out the aforementioned complaints. The consumer must send a copy of this letter by post to :

AquaDynaPulse

1 rue des joncs - Parc de la Sauer

67360 ESCHBACH

Tel: 06 23 88 39 28

Mail: christophe@aquadynapulse.com

 

 

Article 14 : Delivery errors

AquaDynaPulse

1 rue des joncs - Parc de la Sauer

67360 ESCHBACH

Tel: 06 23 88 39 28

Mail: christophe@aquadynapulse.com

 

Please contact us by e-mail if you wish to be reimbursed for return postage. To be accepted, all returns must be notified in advance to AquaDynaPulse's Customer Service Department. AquaDynaPulse is responsible for shipping costs, except in the case where the returned product does not correspond to the original declaration made by the consumer in the return form.

 

 

Article 15: Right of withdrawal

The consumer has a period of 15 working days to return, at his own expense, any products that do not suit him. This period runs from the day of delivery of the consumer's order. If this period expires on a Saturday, Sunday or public holiday, it is extended until the next working day. All returns must be notified in advance to AquaDynaPulse's Customer Service Department: - first by telephone on 06 23 88 39 28 from Monday to Friday, 10am to 12pm and 2pm to 5pm, providing your order number (available by logging into your account or in the confirmation email). The product must be returned to the following address:

AquaDynaPulse

1 rue des joncs - Parc de la Sauer

67360 ESCHBACH

Tel: 06 23 88 39 28

Mail: christophe@aquadynapulse.com

 

Only products returned in their entirety, in their original packaging, complete and undamaged, and in perfect condition for resale, with no traces of assembly, will be taken back. Any product that has been damaged, or whose original packaging has been damaged, will not be reimbursed or exchanged. This right of withdrawal is exercised without penalty, with the exception of the cost of return. In the event of exercising the right of withdrawal, the consumer has the choice of requesting either a refund of the sums paid, or an exchange of the product. In the case of an exchange, the return will be at the buyer's expense.

 

In the event of exercising the right of retraction, the company AquaDynaPulse will make every effort to reimburse the consumer within 14 days. The consumer will then be reimbursed either by an exchange, a credit note valid on his/her next order or a refund. The refund will be made using the same means of payment used to pay for the order.

Complete the return form

 

 

 

Article 16 : Product warranty

In accordance with Article L. 217-15. The commercial warranty refers to any contractual commitment made by a professional to a consumer with a view to reimbursing the purchase price, replacing or repairing the good or providing any other service related to the good, in addition to his legal obligations to guarantee the conformity of the good.

The commercial warranty is the subject of a written contract, a copy of which is given to the purchaser.

The contract specifies the content of the warranty, how it is to be implemented, its price, duration and territorial scope, as well as the name and address of the guarantor.

In addition, it clearly and precisely states that, independently of the commercial warranty, the seller remains bound by the legal warranty of conformity mentioned in articles L. 217-4 to L. 217-12 and that relating to defects in the item sold, under the conditions set out in articles 1641 to 1648 and 2232 of the French Civil Code.

 

The provisions of articles L. 217-4, L. 217-5, L. 217-12 and L. 217-16 as well as article 1641 and the first paragraph of article 1648 of the French Civil Code are reproduced in full in the contract.

In the event of failure to comply with these provisions, the warranty remains valid. The purchaser is entitled to avail himself of it.”

 

As a consumer, you are entitled to :

 

AquaDynaPulse cannot be held responsible in the event of incorrect assembly of the part by the purchaser.

 

 

Article 17 : Rights of use

The right to use AquaDynaPulse software, as well as those distributed by the company, is granted to the consumer on a non-exclusive, personal and non-transferable basis, in accordance with the French Intellectual Property Code. However, in accordance with Article L122-6-1 of this Code, the consumer has a reproduction right exclusively for the purpose of making a backup copy, when this is necessary to preserve the use of the software. In any event, the author of the software retains ownership of his work, which the consumer undertakes to respect.

 

 

Article 18: Force majeure

Neither party will have failed in its contractual obligations to the extent that their performance is delayed, hindered or prevented by an act of God or force majeure. An act of God or force majeure shall be deemed to be any irresistible event or circumstance, external to the parties, unforeseeable, unavoidable, beyond the control of the parties and which cannot be prevented by the latter, despite all reasonable efforts. The party affected by such circumstances will notify the other within ten working days of becoming aware of them. The two parties will then meet, within a period of one month, unless this is impossible due to force majeure, to examine the impact of the event and agree on the conditions under which performance of the contract will continue. If the case of force majeure lasts longer than three months, the present terms and conditions may be terminated by the injured party. The following are expressly considered as cases of force majeure or fortuitous events, in addition to those usually accepted by the jurisprudence of French courts and tribunals: blockage of means of transport or supplies, earthquakes, fires, storms, floods, lightning; stoppage of telecommunication networks or difficulties specific to telecommunication networks external to customers.

 

 

Article 19: Partial non-validation

If one or more stipulations of the present terms and conditions are held to be invalid or declared as such in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their force and scope.

 

 

Article 20 : Non-waiver

The fact that one of the parties does not avail itself of a breach by the other party of any of the obligations referred to in the present terms and conditions shall not be construed as a waiver of the obligation in question for the future.

 

 

Article 21 : Title

In the event of difficulty of interpretation between any of the titles appearing at the head of the clauses, and any of the clauses, the titles will be declared non-existent. 

 

 

Article 22: Applicable law

The present terms and conditions are governed by French law. This applies to both substantive and formal rules. In the event of a dispute or claim, the consumer should first contact AquaDynaPulse for an amicable solution. Secondly, and in the event of recourse, the consumer may file a claim with AquaDynaPulse, via its dedicated dialogue box:

contact@aquadynapulse.com

 

In the event of a dispute, recourse to a mediator may be considered. In accordance with Ordinance no. 2015-1033 of August 20, 2015 and implementing decree no. 2015-1382 of October 30, 2015, any so-called consumer dispute or litigation, subject to Article L.152-2 of the Consumer Code, may be the subject of an amicable settlement by mediation with Medicys:

https://www.medicys.fr/

 

 

Article 23 : Data protection

The information requested from the consumer is necessary for the processing of his/her order and may be communicated to the contractual partners of the company AquaDynaPulse involved in the execution of this order. The consumer may write to the company AquaDynaPulse, whose contact details are in the confidentiality charter appearing within the framework of the website, to oppose such communication, or to exercise his rights of access, rectification with regard to the information concerning him and appearing in the files of the company AquaDynaPulse, under the conditions provided for by the law of January 6th 1978. Consumers who do not wish to be the subject of commercial canvassing by telephone may, free of charge, register on an opposition list against telephone canvassing.

https://www.bloctel.gouv.fr/