ARTICLE 1 – GENERAL PROVISIONS
Definitions of the terms
“Customer” refers to any natural or legal person who places an order for Products on the Site;
“Consumer Customer” refers to any individual customer who acts for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity on the Site;
“Professional customer” refers to any customer who is a natural or legal person acting for purposes that do not fall within the scope of his commercial, industrial, craft or liberal activity on the Site;
“Order” means any request for the purchase of one or more Products by a Customer on the Site;
“General Terms and Conditions of Sale” or “GTC”: refers to all the provisions contained herein which detail the rights and obligations of the Customer and the Seller when selling the Products on the Site;
“Products”: refers to all products offered for sale on the Site;
“Site” refers to the website www.aquahom.com
“Seller”: refers to the company VH2O, SARL, registered with the Paris Trade and Companies Register under number 501 219 331, and having its registered office at 17 rue Burq – 75018 Paris.
Identification of the seller
These GTC are those of the Seller, the company VH2O, SARL, registered in the Paris Trade and Companies Register under number 501 219 331, and having its registered office at 17 rue Burq – 75018 Paris.
Scope and acceptance of the GTC
Any purchase of Products made on the www.aquahom.com Website or on the paper catalogue (hereinafter, the “Catalogue”) is subject to these GTC.
The purchase of Products can be made by a Consumer Customer or a Professional Customer. Certain provisions of this Agreement apply exclusively to Consumer Customers or Professional Customers.
By placing an Order online, the Customer acknowledges that he/she has full legal capacity to commit himself/herself, i.e. to have reached the legal age of majority and not to be under guardianship or trusteeship.
The Professional Client indicates his professional status when opening his account. The Seller may ask any Customer to produce additional information in order to prove his ability to order as a professional or consumer customer.
These GTC may be supplemented, where applicable, by special conditions of sale, which prevail over any other conditions, unless otherwise expressly agreed in writing between the Seller and the Customer.
The Seller reserves the right to modify and adapt the general terms and conditions of sale in order to best define the rights and obligations of each party.
The Customer is invited to read the general terms and conditions of sale in force on the day of his Order.
The Customer may consult the current version of the GTC at any time by clicking on the link to this effect.
The General Terms and Conditions in force at the time of conclusion of the sales contract are those that are enforceable against the Customer.
In addition, each time Products are purchased on the Site, the Customer will be asked to confirm acceptance of these GTCs in effect on the date of placing his order.
The said General Terms and Conditions are viewable at the moment when he is asked to confirm that he accepts them.
To materialize this acceptance, the Customer must tick the box “I have read and accept the General Terms and Conditions of Sale of the aquahom.com website”.
The Seller reserves the right not to satisfy an Order of the Customer in the event of non-compliance by the Customer with the provisions of these general terms and conditions of sale or of an exorbitant and/or abnormal request.
ARTICLE 2 – ACCESSIBILITY OF THE ONLINE ORDERING SERVICE / CUSTOMER ACCOUNT
The Online Product Ordering service allows the Customer to order the products of his choice, with online payment.
The Site is accessible 24 hours a day, subject to any problems with Internet connection or availability of the telephone line independent of the Seller.
The Seller shall do everything in its power to ensure the availability of the AQUAHOM Remote Services.
However, given the nature of the services offered (distance selling on the Internet or by telephone), the Seller may be required to modify at any time or temporarily suspend all or part of the AQUAHOM Remote Services for technical reasons or in order to optimise the services offered to the Customer, without having to inform the Customer in advance.
The Seller cannot be held liable under any circumstances for any modifications or interruptions made. Customer’s account.
When creating his “My Account” space on the Site or via Customer Service, a password is assigned to the Customer.
Whenever the Customer connects to the Site for any new Order, he/she enters his/her username and password in order to access his/her account and place an Order.
In the event of loss or forgetfulness of his password, the Customer may, by clicking on the link “Forgotten password?”, automatically receive by email a message allowing him to regenerate his password.
Each Customer is responsible for maintaining the confidentiality and security of the information that identifies him/her on the Site or by Customer Service.
He is therefore responsible for any operation that may have been carried out from his account or with his password.
Nevertheless, the Customer shall immediately inform the Seller if he has reason to believe that his password is known or that his account is being used by an unauthorized third party.
In any case, the Seller can under no circumstances be held responsible for identity theft.
The Customer is responsible for the accuracy of all information provided on the Site or by Customer Service.
He can access and modify his information on his account by logging into the “My Account” area on the Site or by contacting Customer Service.
Any use by the Customer of the AQUAHOM Remote Services for fraudulent purposes or in connection with illegal activity, or which causes or is likely to cause an interruption or alteration of the services, or disturbance or damage to anyone, is strictly prohibited.
The Seller reserves the right to refuse access to the Services to AQUAHOM or to suspend and/or close a Customer’s account if the Customer contravenes the applicable legal and regulatory provisions as well as these general conditions of sale.
ARTICLE 3 – CUSTOMER SERVICE
The Seller provides the Customer with a Customer Service allowing the Customer to place Product Orders and/or to answer any request for information from the Customer relating to the product (description, availability, delivery…).
Customer Service can be contacted:
by telephone on 015309302020 (not surcharged);
by the Site in the “Contact Us” section or by email to the following address firstname.lastname@example.org
by mail to the following address: AQUAHOM – VH2O, 17 rue Burq, 75018 PARIS
ARTICLE 4 – INTELLECTUAL PROPERTY
The content of the Site, and in particular the information relating to products, images, photos, logos, brands, etc. appearing on the Site, are the property of the Seller, its service providers or its own product suppliers and are protected by intellectual property law.
The Customer may not use, reproduce or extract such content without the express written permission of the Seller.
The Customer undertakes not to infringe in any way whatsoever the Seller’s intellectual property rights on the Site and its content.
In particular, the Customer may not use any tool to collect, extract or collect data in order to use all or part of the AQUAHOM Remote Services, without the prior express written consent of the Seller.
ARTICLE 5 – PRODUCTS
5.1 Product offer
Product offers are valid as soon as they are present on the Site.
The list of Products on the Site may be modified at any time by the Seller to better meet the Customer’s needs.
5.2 Promotional offer
The Customer may benefit from promotional offers on the Site.
5.3 Product identification
The photographs, illustrations and information on the Site or Catalogue are provided for information purposes only and are not contractual, in that they do not relate to a substantial element of the Product.
5.4 Product Compliance
The Products on the Site or Catalogue comply with the legal and regulatory provisions applicable in France.
It is the Customer’s responsibility, who is solely responsible, to verify the conformity of the Product in the event of export or use of the Product outside France.
5.5 Use of the products
It is the Customer’s responsibility to read the product labelling, technical data sheets and any information on the Product or its packaging before using the Product.
The Customer acknowledges and ensures that the precautions for use and instructions for use are applied for Products classified as hazardous, and acknowledges the expiry date for use for Perishable Products.
ARTICLE 6 – ORDER
6.1 Placing the Order
The Customer places his Order in accordance with the information provided on the Site.
The Customer places his Order by making sure to provide the necessary exact and complete information, in particular with regard to the delivery address of the products, and/or the invoicing address.
The Seller cannot be held responsible for any input errors and the consequences that may result from them.
The Seller reserves the right to charge the Customer for the costs related to the reshipment or representation of the product resulting from incorrect information caused by the Customer.
The validation of the Order by the Customer formalizes in a firm and definitive manner the sales contract concluded with the Seller and implies its unreserved adherence to these GTC.
The Seller sends the Customer an Order Confirmation containing the terms of the Order and an Order Number to the e-mail address provided by the Customer.
Any Order made by the Customer on the Site or by Customer Service is placed as soon as it is validated by the Customer.
By validation is meant either the online validation of the payment by credit card.
The Seller reserves the right to cancel any Order of a Customer in the event of failure by the Customer to pay the sums due under one or more previous Orders.
6.2 Anti-fraud treatment – request for proof
In order to effectively combat fraud, the Seller reserves the right to carry out random checks after the Order has been validated.
The Seller may ask the Customer to provide the following information: a copy of his valid identity card / passport, a RIB, a Kbis extract for Professional Customers.
ARTICLE 7 – AVAILABILITY OF PRODUCTS
The Seller shall inform the Customer of the availability of the Products when placing the Order.
The Customer may contact Customer Service to find out the availability time of products that may be temporarily unavailable.
Exceptional unavailabilities being beyond the Seller’s control, the Seller cannot be held liable for this fact and, in this case, reserves the right to refuse the sale by reimbursing the Customer for the order placed.
ARTICLE 8 – PRICES
The selling prices of the Products may be modified at any time by the Seller on the Site.
Prices may be revised in particular in the light of variations resulting from labour costs, raw material prices and transport costs.
The price applied to the Products ordered corresponds to the price appearing on the Site at the time the Order is placed.
These prices are indicated in euros and do not include transport costs and may be subject to conditions or limited validity.
Prices are indicated excluding VAT for Professional Customers and also in inclusive of VAT at the time of product selection for Consumer Customers. The VAT applicable is that in force at the time the Order is placed.
The total amount of the Order is the amount indicated at the end of the Order before validation and payment, and is included in the Order confirmation.
It includes the price excluding VAT and including VAT of the products, to which is added the price of transport.
The unit price of the electrical and electronic equipment and materials presented on the Site includes eco-tax.
ARTICLE 9 – PAYMENT – INVOICING
Unless otherwise agreed by the Seller to the Customer, Orders are payable by credit card attached to a French account, in full, without discount and in cash as from the validation of the Order.
The invoice will be sent to the Customer electronically.
The electronic invoice is made available to the Client for consultation in the “My Account” area.
9.3 Secure payment
The management of credit card payments is handled by a remote payment service provider that is certified to the PCI DSS transaction security standard that governs the profession of remote payment service providers.
When paying by credit card, the Client’s bank details are entered directly on the payment server of the service provider.
The Customer’s details are then encrypted using SSL protocol.
ARTICLE 10 – DELIVERY OF PRODUCTS
10.1 Delivery terms and conditions
Delivery is made to the address given by the Customer when placing the order.
The Customer assumes the risks (in particular of loss, theft or damage) concerning the Products delivered as from the moment they are delivered to the address indicated at the time of ordering.
The precise unloading location, which must be clearly specified by the Customer at the time of the Order, must be accessible by a safe and risk-free road during working hours.
The Seller reserves the right to refuse delivery of the Products in certain areas difficult for carriers to access (mountains, islands…). The Customer may then obtain a refund of his Order.
The Customer is responsible for directing the manoeuvres necessary for access and circulation at the delivery site.
The Seller shall not be liable if any damage occurs at the place of delivery due to difficult access or unsuitable land.
The delivery of the Products is deemed to have been made when the Products are delivered to the Customer.
When the Products are delivered to the place specified in the Order, the Customer must sign a delivery or collection slip presented to him by the carrier.
In the event of the Customer’s absence when the Products are delivered, the Seller will attempt to contact the Customer in order to find a solution for the delivery or withdrawal of the product at a relay point.
In the event of failure, the Product will be returned to the Seller who may agree with the Customer on a new delivery at the Customer’s expense. The Seller may also decide to refund the Customer who may then place a new Order.
The unloading of the products is the responsibility of the Customer in the presence of the carrier.
In the event of delay, damage or missing items occurring during transport, it is the Customer’s responsibility to make all necessary reservations on the delivery note and to confirm the said reservations by registered letter with AR with the carrier within 3 days following the delivery of the products.
The Seller shall in no event be held liable for the consequences of a delay or suspension of delivery due to causes beyond its control.
10.2 Error of delivery
In the event of a recipient error, or products delivered that do not correspond to those ordered by the Customer, the latter will have the opportunity to contact Customer Service in order to inform them of the failure noted and formulate their complaint, if necessary, within 2 days. The provisions of Article 11.1 shall then apply to the said claim.
10.3 Delivery costs
Delivery charges will be determined according to the characteristics (nature, volume…) of the Products and delivery method.
These costs are mentioned on the Site at the time of validation of the Order.
These costs are paid by the Customer at the time the Order is placed.
10.4 Delivery time
Indicative delivery times are indicated on the Site when the Order is validated according to the delivery method chosen by the Customer, with the exception of certain bulky products, in which case the carrier will contact the Customer to inform him of the delivery time.
The Seller shall inform the Customer of any foreseeable delay in delivery by any means of communication.
In any case, the products are delivered within a maximum period of 60 days from the confirmation of the order.
In the event that this maximum period is exceeded by more than 7 days, the Customer may terminate the sales contract concluded with the Seller by registered letter with acknowledgement of receipt.
In this case, the Seller shall reimburse the Customer for the amount of the Products concerned within 14 days of receipt of the registered letter at the latest.
10.5 Limitation of liability
The Seller cannot be held liable for delays resulting from the fault or fault of the Customer and in particular in the event of an error or delay by the Customer in providing the necessary information, or in the event of force majeure as recognised by the case law of the French courts.
In the event that the Customer entrusts the receipt of the Products to a third party, the latter shall receive the Products in the name and on behalf of the Customer and shall therefore be liable in this respect. He must take all necessary care of the products received as if he were personally the recipient.
ARTICLE 11 – RETURN OF GOODS
11.1 General terms and conditions of return
The Customer has the possibility to make a request to return the Products purchased from the Seller by contacting Customer Service by email at the following address: email@example.com.
Upon receipt of this request, the Seller processes the request and communicates its agreement to return or refuse.
The Seller will contact the Customer to agree on the terms and conditions for returning the Product.
In any event, the return of a Product may be accepted under the following conditions:
the returned Product must not have been used, must be intact, not expired, in perfect condition of use and in its original packaging.
The Product must be returned in its entirety, i.e. with all its accessories, warranty coupons, manual, cover… a product sold by lot, can only be returned with all the products making up the lot, it being understood that a lot consists of a set of identical or different products sold in the same packaging and as a single sales unit.
The return must be accompanied by the Seller’s return agreement.
The return of the Hazardous Products cannot be accepted by the Seller.
Subject to compliance with the above conditions and the Seller’s acceptance, the Product is returned by the Customer at his own expense.
The amount of the Product is then refunded to the Customer after deduction of any promotion.
This right of return under the conditions set out above is conventional and shall not deprive the Customer of his legal rights, in particular with regard to the right of withdrawal defined below for Consumer Customers.
The Customer shall ensure that the product is contained in packaging suitable for transport.
11.1 Returns for non-conformity or incorrect delivery
In the event of a delivery error on the reference of the Product ordered or of proven apparent non-compliance, the Customer may return the product concerned or the Seller shall use a carrier to take back the Product at the place of delivery of the product.
The return costs are the responsibility of the Customer.
ARTICLE 12 – RETURN OF GOODS FOR RETRACTION
12.1 Withdrawal period:
In accordance with article L 121-21 of the Consumer Code, the Consumer Customer has the possibility to change his mind and retract during a period of 14 days from the receipt of the ordered products.
For multiple orders, the withdrawal period runs from the receipt of the last product.
When this period expires on a weekend, public holiday or non-working day, it is extended until the next working day.
12.2 Methods of exercising the right of withdrawal
In order to ensure perfect management of product returns, the Customer is invited to inform the Seller in advance of his wish to exercise his right of withdrawal as follows: By contacting Customer Service, who will inform the Customer of the means of exercising his right of withdrawal.
The return costs are paid by the Customer.
12.3 Conditions for the right of withdrawal
The Customer must in any case indicate the precise information allowing his identification and the identification of the Product concerned.
The Product must be returned within 14 days of sending its complaint, under the conditions indicated in Article 11 in the general conditions of return accompanied by the duly completed withdrawal form or any written clearly expressing its desire to withdraw.
12.4 Effects of exercising the right to withdrawal
The Customer will be refunded the amount of the product ordered with a deduction of 10% of the order amount corresponding to the processing fees.
The Customer will be reimbursed for the shipping costs to and from the place of the Order, provided that the retraction concerns all the products that are the subject of the Order.
Reimbursement shall be made as soon as possible, after receipt and technical verification by the Vendor’s departments of the returned products, and no later than 14 days following the date on which the Vendor is informed of the Customer’s decision to retract.
However, reimbursement may be deferred until the goods have been recovered.
The refund will be made by the same means used by the Customer for the initial transaction.
ARTICLE 13 – RETENTION OF TITLE AND TRANSFER OF RISK
Ownership of the delivered Products is only transferred to the Customer after full payment of their accessory and principal price.
Failure to pay within the prescribed period may result in the Seller’s immediate claim to the Products.
In the event that the Customer resells the Products to a third party buyer before full payment is made, the latter shall inform its third party buyer customer of the existence of this retention of title clause and shall inform the Seller in writing so that the latter may exercise its right of claim against the third party buyer.
However, the risks of loss, theft or deterioration of the products will be transferred to the Customer as soon as they are made available, as well as the damage caused by the products as soon as they are made available.
ARTICLE 14 – TERMINATION CLAUSE
In the event that the Customer fails to meet any of its obligations, in particular the payment of the price on the due date, the Seller may, eight (8) days after a formal notice by registered letter with acknowledgement of receipt, which has remained in vain, consider the Order as automatically terminated at the fault of the Customer without prejudice to any damages.
ARTICLE 15 – LATE PAYMENT
In the event of a payment delay granted by the Seller to the Customer by way of derogation, any delay in payment in relation to the agreed payment date shall automatically result in the application of late payment penalties equal to the interest rate applied by the European Central Bank to its most recent refinancing operation plus 10 percentage points, payable on the day following the payment date indicated on the invoice in the event that the amounts due are paid after that date.
The rate applicable during the first half of the year in question shall be the rate in force on 1 January of that year.
For the second half of the year in question, the rate applicable is that in force on 1 July of the same year.
In addition, any professional in default of payment is automatically liable to the Seller for a fixed compensation for recovery costs of 40 euros.
If the recovery costs incurred are higher than the amount of this fixed indemnity, the Seller may request additional compensation, upon justification.
The Seller reserves the right to suspend or cancel any order and/or delivery, regardless of its nature and level of execution, in the event of non-payment of any amount due by the Customer or in the event of a payment incident.
ARTICLE 16 – GUARANTEES AND LIABILITY
16.1 Commercial warranty of the Products
The commercial guarantee of the Products (excluding consumables) corresponds to that granted by the manufacturers of the Products.
This guarantee is indicated, if applicable, on the article sheet or on the technical sheet of the Products.
These warranties are valid subject to the normal and proper use of the Products and compliance with the manufacturers’ recommendations, and except in cases of force majeure as recognized by the case law of the French courts.
In any event, the Seller’s liability shall be limited to the amount of the Order, to the exclusion of any other compensation of any nature whatsoever and in particular to the exclusion of compensation for any non-material damage resulting, directly or indirectly, from the defect of the Products.
For any information on the commercial guarantees applicable to a Product, the Customer is invited to contact Customer Service.
In order to benefit from the commercial guarantee of the Products, the purchase invoice must be kept.
The Seller shall not be held liable in the event of the manufacturer’s refusal to apply its warranty for the legitimate reasons set out above.
16.2 Legal warranty of the products
Regardless of any commercial guarantees and after-sales services granted to the Customer, the Seller remains bound by the legal guarantee of conformity referred to in Articles L. 211-4 to L. 211-13 of the Consumer Code with regard to Consumer Customers, and that of defects of the item sold under the conditions provided for in Articles 1641 to 1648 and 2232 of the Civil Code with regard to all Customers, drafted as follows:
Article. L. 211-4 of the Consumer Code: “The seller is required to deliver goods in conformity with the contract and is liable for any lack of conformity existing at the time of delivery. He shall also be liable for defects in conformity resulting from packaging, assembly instructions or installation where the latter has been charged to him by the contract or has been carried out under his responsibility.
Article. L. 211-5 of the Consumer Code: “To be in conformity with the contract, the goods must: “To be in conformity with the contract, the goods must:
1° Be suitable for the use usually expected of a similar good and, where applicable:
– correspond to the description given by the seller and possess the qualities that the seller presented to the buyer in the form of a sample or model;
– have the qualities that a buyer can legitimately expect in view of public statements made by the seller, the producer or his representative, in particular in advertising or labelling;
2° Or have the characteristics defined by mutual agreement between the parties or be suitable for any special use sought by the buyer, brought to the attention of the seller and that the latter has accepted”.
Article. L. 211-12 of the Consumer Code: “The action resulting from the lack of conformity is prescribed after two years from the delivery of the goods”.
Article. 1641 of the Civil Code: “The seller is bound by the warranty on account of hidden defects in the thing sold which make it unfit for the use for which it is intended, or which reduce this use to such an extent that the buyer would not have acquired it, or would have given only a lower price, if he had known them”.
Article. 1648 para. 1 of the Civil Code: “The action resulting from fundamental defects must be brought by the purchaser within two years of the discovery of the defect”.
In the case provided for in article 1642-1, “the action must be brought, under penalty of foreclosure, within one year of the date on which the seller may be relieved of apparent defects or lack of conformity”.
In the event of a lack of conformity or defect in the product, the Customer shall inform the Seller in writing of the defects found by contacting Customer Service.
If the lack of conformity or defect is proven, the Seller will proceed according to the law in force, to exchange, repair, or refund the product.
The return costs will be refunded to the Customer, on proof, after return of the product.
16.3 Implementation of the guarantee
For the legal or commercial guarantee, any return of the product must be made under the conditions of Article 11.
Any warranty coupon must be attached to the returned product, if applicable.
The legal guarantees will only be effective if the Customer requests it within 24 months of delivery of the Product (for the legal guarantee of conformity) or of the discovery of the defect (for the legal guarantee of hidden defects).
Defects of conformity that appear within 24 months of delivery are presumed to exist at the time of delivery, unless proven otherwise.
In the event of acknowledged non-compliance on a Product sold by the Seller, the Customer may choose between repairing or replacing the Product unless one of these choices results in a manifestly disproportionate cost to the Seller. If repair or replacement of the Product is not possible, the Customer may return the price paid and return the Product or keep the Product and be refunded part of the price, unless the lack of conformity is minor.
In the event of a hidden defect acknowledged on a Product sold by the Seller, the Customer shall have the option of returning the Product and having the price and costs incurred by the sale returned to him or of keeping the Product and having part of the price returned to him.
In all cases, it will be up to the Customer to prove that he fulfils the conditions of the guarantee.
ARTICLE 17 – USE AND MODERATION OF OPINIONS ON AQUAHOM.COM
By giving his opinion on a Product on www.aquahom.com, the Customer fully and unconditionally accepts this User Agreement, and undertakes, when issuing each of his opinions, to comply with it.
The Customer undertakes, first and foremost, to comply with the general terms and conditions of sale (and in particular the general provisions, accessibility, intellectual property, liability and storage of personal information and cookies).
17.2 Access to notices
Access to the distribution of opinions on a Product is limited to Customers who have purchased the Product at least once.
www.aquahom.com users who have not purchased the Product cannot post a review of the Product.
To publish his opinion, the Customer must also be connected with his customer account.
17.3 Number of Notices
A customer may post as many notices as he wishes, but he is limited to the distribution of only one notice per product, including during the moderation period and if his notice is invalidated a priori or posteriori (see moderation paragraph).
17.4 Modification and deletion of notices
The Customer who has posted a notice cannot modify or delete his notice by himself.
The user can make a particular request for modification or deletion to AQUAHOM by sending an email to firstname.lastname@example.org.
17.5 Moderation of Notices
The product reviews area is moderated a priori in order to ensure a peaceful and rich use of the product pages. The customer’s opinion only appears on the notification area once the opinion has been checked and validated by the moderator.
Moderation can last up to 72 hours (working days).
By posting a notice, you acknowledge the moderator’s ability to control the notices and delete any notice at any time, either before or after the notice.
In particular, the moderator may discretionarily remove any notice contrary to what is prescribed in the paragraphs “content” and “rights and duties of users”, or that the moderator deems inconsistent with the spirit of exchange and conviviality that characterizes www.aquahom.com.
The moderator reserves the right to justify by email to the customer the refusal or validation of his opinion.
In the event of notices requiring customer follow-up (delivery, invoicing, return order, etc.), the moderator undertakes to forward the notice to AQUAHOM’s customer service.
The follow-up of the request is then governed by the commitments of the general terms and conditions of sale available on http://www.aquahom.com/cgv.
17.6 Content of Notices
By posting a product review on www.aquahom.com, you agree to give your opinion on the product and the product only.
Any advice concerning delivery, price, packaging and any other aspect of the offer may be refused a priori.
The product review includes, but is not limited to, the following:
The quality of the product attributes
The feeling and comfort of use of the product
A supplement to the product description that could help other buyers to find out before placing their order.
17.7 Rights and duties of clients posting a notice
By posting a product notice on www.aquahom.com you undertake in particular to ensure that the content of your contributions complies with the laws and regulations in force, is not contrary to public policy or morality, and does not infringe the rights of individuals.
As such, you are prohibited from posting notices whose content is contrary or likely to be contrary to public policy, morality or the laws and regulations in force.
In this respect, the following are prohibited in particular, without this list being exhaustive:
Contributions of a violent, denigrating, defamatory, abusive, illegal, obscene, pornographic, pedophile nature;
Contributions of a political nature or inciting violence, suicide, revisionism, anti-Semitism;
Contributions promoting war crimes or crimes against humanity;
Contributions calling for murder or inciting the commission of a crime;
Contributions that incite discrimination or hatred.
Would be offensive, rude, vulgar, vulgar, or likely to offend the sensibilities of minors
Would correspond to the exercise of a commercial activity. As such, this list is not exhaustive: Contributions containing a hypertext link to a commercial site;
Contributions having the nature of advertisements.
Would infringe or be likely to infringe the rights of third parties and the rights of the personality. As such, the following are prohibited, without this list being exhaustive:
Contributions reproducing without authorization a work or contribution protected by intellectual property rights (trademarks, copyrights and related rights)
Contributions infringing the right to an image, the right to privacy;
Contributions infringing the protection of the personal data of a third party.
Would damage or be likely to damage the image or reputation of a brand or a natural or legal person
Similarly, by posting a notice on a product, you agree to comply with the following rules:
Your contributions must respect the courtesy necessary for a neutral reading of the opinion
Your contributions must use correct and understandable language
Your contributions must not be of a repetitive nature
17.8 Reporting a Notice
Each user may at any time, if the opinion of another customer infringes his rights, report it to AQUAHOM by writing to email@example.com.
17.9 Referencing of opinions
Customers issuing a notice are aware that the notice space is a public discussion space.
As such, the opinions can be consulted by all other users of the www.aquahom.com. website.
Similarly, customers are fully informed that published notices can be referenced on a search engine, and therefore, likely to be consulted by an audience outside the site www.aquahom.com.
17.10 Copyright in Notices
All customers must respect the intellectual property rights of the authors.
In particular, it must ensure that it does not reproduce and/or distribute on other pages the notices published on www.aquahom.com by other customers, without their prior consent.
Each customer authorizes AQUAHOM to reproduce, publish and distribute, in whole or in part, on any medium and for any use, the notices he has forgotten on www.aquahom.com.
This authorization is valid worldwide and for the duration of the copyright.
The customer guarantees AQUAHOM that he/she holds all the necessary rights to authorise the reproduction, publication and distribution of the notices he/she posts online.
As such, the user guarantees AQUAHOM against any recourse or claim that third parties may have against its opinions.
17.11 Evolution of opinions
The methods of access, use and moderation of the opinions are subject to change, which does not prevent the application of this charter. It is the responsibility of customers to read this charter regularly.
ARTICLE 18 – WASTE ELECTRICAL AND ELECTRONIC EQUIPMENT
In accordance with Decree No. 2005-829 of 20 July 2005 on the disposal of electrical and electronic equipment, in order to contribute to the preservation of the environment, each Product concerned must be collected and processed at the end of its life.
At the Customer’s request, the Seller shall indicate a place of deposit or a specialized waste treatment station or any place suitable for recovering this waste.
ARTICLE 19 – PERSONAL DATA
The information and data communicated to the Seller by the Customer or collected through the use of the Site are necessary for the proper management of the Customer’s order, the management of its commercial relationship with the Seller, and contributes to improving the quality of the products and services offered.
The Customer consents to the use of this data by the Seller.
The processing of personal data provided by the Client complies with the Data Protection Act of 6 January 1978 and the general European Data Protection Regulation No. 2016/679 (hereinafter the “RGPD”).
ARTICLE 20 – NO WAIVER
The fact that the Seller does not at any given time invoke any provision of these general terms and conditions of sale shall under no circumstances be considered as a waiver by the Seller of the rights arising from the said clause. In addition, the cancellation of any of the provisions hereof, for any reason whatsoever, does not entail the cancellation of the other provisions of the general terms and conditions of sale.
ARTICLE 21 – LAW AND ATTRIBUTION OF JURISDICTION
Any order for Products as well as these GTC which form an integral part of it are subject to French law.
In the event of a dispute, the French courts shall have sole jurisdiction. However, pursuant to EC Regulation 593/2008 of 17 June 2008, these GTCs do not prevent the application of a provision more favourable to the Customer, from which no derogation may be made by agreement, under the law of the country where the Customer has his habitual residence.
In the event of a dispute relating to the application and/or interpretation of these general terms and conditions of sale, the Consumer Customer may use a conventional mediation procedure or any other alternative dispute resolution procedure.